CALCUTTA HIGH COURT
, J
Bhourilal Agarwalla v. Ashutosh Ro
| Table of Content |
|---|
| 1. jurisdiction under s.25 concerning mesne profits. (Para 1) |
| 2. arguments regarding jurisdiction, wrongful possession, and res judicata. (Para 2 , 3 , 4 , 5 , 6) |
| 3. conclusion and procedural directions for execution. (Para 7 , 8 , 9) |
1. This is an application under S.25 of the Provincial Small Cause Courts Act . The plaintiff instituted the previous suit for ejectment, for rent and for mesne profits. In that suit the claim for mesne profits was not pressed and therefore that claim was dismissed. Subsequently the present suit was instituted claiming mesne profit
2. The first point taken by the learned Advocate for the petitioner is that this is really a suit for profits and therefore, the Small Cause Court had no jurisdiction in the matter. A person may lawfully be entitled to some benefits arising out of a property. This we understand to be profit. But when a person gets some benefit of a property because of his wrongful possession, we do not call it profit, we call it mesne profits. Therefore, profits within the meaning of the Article under the Small Cause Courts Act does not include mesne profits. Finally the matter came up before a Full Bench" *of this Court and it
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