SANT RAM versus DHAN KAUR & ORS.

SANT RAM versus DHAN KAUR & ORS.

The applicant's right to claim mesne profits at Rs.30/- p.m. with 10% increase every three years from the date of filing of suit till 21.08.1990 together with interest @12% accruing due month after month remains intact and was not given up by order dated 21.04.2009. Only the claim for the balance mesne profits was withdrawn. The Executing Court must proceed to decide the execution petition accordingly.

Parties
Applicant/petitioner: Sant Ram; Respondents: Ohan Kaur & Ors.
Jurisdiction
India
Judgment Date
16 October 2015
Procedural Posture
Special Leave Petition (civil) / Application Under Order XVIII Rule 5 of Supreme Court Rules, 1966 Against Registrar's Refusal to Register Clarification/interpretation Application
Outcome
Application allowed
Legal Topics
Execution of Decree, Mesne Profits, Clarification/interpretation of Court Order
Civil Procedure Execution of Decree Mesne Profits Clarification/interpretation of Court Order

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Parties

Sant Ram

Applicant/petitioner

Ohan Kaur & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Application Under Order XVIII Rule 5 of Supreme Court Rules, 1966 Against Registrar's Refusal to Register Clarification/interpretation Application

Legal Issues

  1. 1 Whether the applicant's entitlement to mesne profits at Rs.30/- p.m. with increase and interest remains intact despite order dated 21.04.2009.
  2. 2 Whether what was given up by the applicant was only the balance mesne profits (Rs.170/- p.m.) and not the entire mesne profits.

Ratio Decidendi

The applicant's right to claim mesne profits at Rs.30/- p.m. with 10% increase every three years from the date of filing of suit till 21.08.1990 together with interest @12% accruing due month after month remains intact and was not given up by order dated 21.04.2009. Only the claim for the balance mesne profits was withdrawn. The Executing Court must proceed to decide the execution petition accordingly.

Court Disposition

Application allowed

Orders

  • Order dated 21.04.2009 clarified: applicant’s right to mesne profits at Rs.30/- p.m., with 10% increase every three years and 12% monthly interest, remains intact and may be recovered from respondents.
  • Executing Court directed to take up the applicant’s execution application and decide in accordance with law and clarification.