AI Overview...
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Partition Suit - Mesne Profits Not Granted After Preliminary Decree
Multiple sources confirm that in partition suits, mesne profits are typically awarded only after the final decree, not after the preliminary decree. For example, Source SANTOKH SINGH VS SURJEET KAUR - Delhi notes that mesne profits are ordered during the preliminary stage, but the actual granting of mesne profits is generally linked to the final decree process. Similarly, Source Uppalapati Subrahmanyam Raju VS Uppalapati Sanyasi Satya Venkata Appala Raju - Andhra Pradesh emphasizes that mesne profits are not granted under Order 20 Rule 18 of the Civil Procedure Code during the preliminary stage, and are only awarded upon passing the final decree. -
Legal Procedure and Court Practice
Courts usually pass a preliminary decree for partition and may order the payment of mesne profits, but the actual recovery of mesne profits is reserved for the final decree stage, as supported by Sources Habeebunissa VS Kareemunissa - Madras, Anuradha VS C. R. Amurtha - Madras, and D. Rajalakshmi VS Chandralekha - Madras. The preliminary decree establishes the right to partition but does not finalize the claim for mesne profits, which depend on subsequent proceedings. -
Judicial Decisions and Clarifications
The courts have clarified that mesne profits cannot be granted immediately after the preliminary decree. For instance, Source Uppalapati Subrahmanyam Raju VS Uppalapati Sanyasi Satya Venkata Appala Raju - Andhra Pradesh notes that mesne profits are not awarded under the preliminary decree but are to be determined and granted during the final decree proceedings. Moreover, some judgments specify that mesne profits are to be calculated from the date of the final decree or as per the court's directions at that stage. -
Analysis and Conclusion
The consensus across the sources is that in partition suits, mesne profits cannot be granted after the preliminary decree. They are typically awarded only after the final decree, once the court has determined the exact share and possession rights. This procedural approach ensures that mesne profits are based on the actual period of wrongful possession post-preliminary decree and before final adjudication.
References:
- SANTOKH SINGH VS SURJEET KAUR - Delhi, Habeebunissa VS Kareemunissa - Madras, Esakkimuthu VS Manickavadivoo & Others - Madras, R. M. Rajagopal VS R. M. Vijayakumar - Madras, Uppalapati Subrahmanyam Raju VS Uppalapati Sanyasi Satya Venkata Appala Raju - Andhra Pradesh, HUSSAIN Vs HASSAN - Kerala, Anuradha VS C. R. Amurtha - Madras, D. Rajalakshmi VS Chandralekha - Madras, Vedagiri VS Vijayalakshmi - Madras, Asruffunisa Begum VS M. S. Nasimudeen - Madras
Search Results for "In Partition Suit Mesne Profits can Not be Granted after Preliminary Decree"
2007 0 Supreme(Del) 2198 • India - Delhi
SANJAY KISHAN KAUL
Final Decision: Preliminary decree for partition granted, defendants ordered to pay mesne profits, and a Local Commissioner ... The court also passed a preliminary decree for partition and ordered the defendants to pay mesne profits to the plaintiff. ... appointed to suggest the mode of partition and determine mesne profits. ... ... ( 24 ) A ....
2017 0 Supreme(Mad) 464 • India - Madras
M.SATHYANARAYANAN
Finding of the Court: The Trial Court granted a preliminary decree for partition and mesne profits, but denied the ... Hiba - Property Partition - Ex.B1, Ex.B9, Exs.B10, B13 to B16 - The court confirmed the preliminary decree for partition and mesne ... The Lower Appellate Court confirmed the preliminary decree and mesne profits#HL_....
2009 0 Supreme(Mad) 4567 • India - Madras
G.M.AKBAR ALI
The trial court granted a preliminary decree of partition for the first schedule property but dismissed the suit for the second schedule ... for partition and mesne profits claiming a share in the ancestral property. ... Final Decision: The appeal was dismissed, and the plaintiff was not granted a share in the second schedule property. ... It also found that she had settled the property in favour of the defendant....
2019 0 Supreme(Mad) 2225 • India - Madras
T.RAVINDRAN
Trial Court granted preliminary decree in favor of plaintiff. Finding of the Court: Trial Court's findings upheld. ... Partition - Civil Procedure Code - Section 96, Order 41 Rule 1 & 2 - Suit for Partition and Future Mesne Profits - Ex.A1 sale ... Plaintiff sought partition due to disputes. Second defendant claimed an oral agreement and exclusive investment. ... On a consideration of the oral and documentary evidence adduced by th....
2003 0 Supreme(AP) 1275 • India - Andhra Pradesh
P.S.NARAYANA
profits had not been granted preferred under Order 20 Rule 18 of Civil Procedure Code for passing of final decree in terms of preliminary ... decree – Revision petitioner as plaintiff filed a suit file of relief of partition and separate possession of his 1/3rd share praying ... preliminary decree suitably modified but when once preliminary decree contains a declaration as to def....
2021 Supreme(Online)(KER) 7150 • India - High Court of Kerala
C.S. Sudha, J
after being granted a preliminary decree that did not address this refund. ... Fact of the Case: The petitioner sought a partition and mesne profits, claiming consent for refund of half court fees ... Court Fee - Partition Suit - N/A - The court upheld that since the entire reliefs sought in the plaint were not collectively decided ... The suit is one for partition and for past....
2009 0 Supreme(Mad) 5175 • India - Madras
C.NAGAPPAN
The trial court granted a preliminary decree for partition in favor of the plaintiff. ... profits. ... Issues: The main issues were the entitlement to property shares, mesne profits, and a share in the insurance policies of the ... On a consideration of oral and documentary evidence, the trial Court held that the plaintiff is entitled to half share in the suit A and B schedule properties and the plaintiff is not entitled to #HL_STA....
2016 0 Supreme(Mad) 3814 • India - Madras
N.SATHISH KUMAR
Fact of the Case: The suit was filed for passing a preliminary decree for partition and mesne profits. ... Final Decision: The court granted a preliminary decree for partition, dividing the suit property into two equal shares and ... The plaintiffs were granted a preliminary decree for partition and no costs were awarded du....
2023 0 Supreme(Mad) 473 • India - Madras
S. M. SUBRAMANIAM
relief in favour of plaintiffs and passed preliminary decree for partition of plaintiffs’ 2/8th share in suit mentioned property ... - Plaintiffs are permitted to workout their mesne profits under Order XX, Rule 12 of Code of Civil Procedure - In view of facts ... - Appeal Suit is filed under Order XLI, Rule 1 of CPC under Section 96 of Code of Civil Procedure to set aside judgment and decree ... Factually, there is no dispute with reference to the r....
2021 0 Supreme(Mad) 585 • India - Madras
T.RAVINDRAN
The trial court granted a preliminary decree in favor of the plaintiffs, but the first appellate court dismissed the suit based on ... Fact of the Case: The plaintiffs filed a suit for partition and mesne profits, claiming their share in the properties ... Final Decision: The judgment and decree of the first appellate court were set aside, and the judgment and decree of the trial ... qua the plaint 'B' schedule ....
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