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1927 Supreme(Mad) 38
IN THE HIGH COURT OF MADRAS
Madhavan Nair, J.
Abdul Kadi Rowther And Anr.
Versus
Uthumansa Rowther
Decided On : 21 January, 1927
Important Points
Subject
Civil Law - Property Law
Headnote
Specific Relief Act - Mesne Profits - The court set aside the decree for mesne profits as it does not come within the scope of a suit under Section 9 of the Specific Relief Act.
Fact of the Case:
The plaintiff-respondent obtained a decree under Section 9 of the Specific Relief Act for possession of the property and mesne profits.
Finding of the Court:
The court set aside the decree for mesne profits based on the decision in Thavasi v. Arumugam [1915] 30 M. L. J. 326, and upheld the lower court's decree in other respects.
Issues: Scope of a suit under Section 9 of the Specific Relief Act and the entitlement to mesne profits.
Ratio Decidendi: Mesne profits do not come within the scope of a suit under Section 9 of the Specific Relief Act.
Final Decision: Decree for mesne profits was set aside, and the lower court's decree was upheld in other respects. The petitioner was awarded costs in this Court.
Madhavan Nair, J.
1. In this case the plaintiff-respondent obtained a decree under Section 9 of the Specific Relief Act for possession of the property and also for mesne profits. It is argued that the lower Court is wrong in passing a decree for mesne profits, as the passing of such a decree does not come within the scope of a suit under Section 9 of the Specific Relief Act. This argument is clearly supported by the decision of this Court in Thavasi v. Arumugam [1915] 30 M. L. J. 326 Following this decision. I set aside the lower Courts decree so far as it relates to mesne profits. In other respects the lower Courts decree will stand. The petitioner will get his costs in this Court.
