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ruba (same)     11 February 2010

Compensation for expense incured during a legal suit

 My mother who had filed a property case against her brothers, who were not willing to give an equal share,in her fathers earned property of paddy field of 2 acres in Trichy for which we are anticipating judgement shortly. The total income from this paddy field was enjoyed by my uncles since the death of my Grandfather in 1984. My mother had filed a case in Trichy in the year 2007 and she had been going to trichy from Coimbatore every month which is almost 250 kms away. Now can my mother file a compensation claim for the benefits my uncles have earned since 1984 plus the expenditure incured during the legal proceedings in COIMBATORE  Court at the place where she is living or where the property suit has been filed (Trichy)

Kindly help me with you advise. My mother is aged 68.



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 4 Replies

Parveen Kr. Aggarwal (Advocate)     11 February 2010

Your mother must have included the claim for use and occupation charges of her share of land in the first suit itself. Order 2, Rule 2 of the CPC prohibits filing of second suit.

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Devajyoti Barman (Advocate)     11 February 2010

She instead of filing any new suit can pray for amendment of plaint for inclusion of new prayer for relief.

Y V Vishweshwar Rao (Advocate )     12 February 2010

1- She can Claim all the expences of the present suit as cost incurred and the same may be requested  befoe the court to  included in the Decree

2- In Suit for partition there is every  scope to pray for assessment of  profits out of the suti proerty  and  to include a  praye in the suit  for recovery of the  Profits out of the proerty !  

 

ruba (same)     12 February 2010

 I thank you all very much for your replies. Infact I understand that a seperate suit cannot be filed as it has to be attached with the current claim itself.


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