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Abdul Kadi Rowther and anr. Vs. Uthumansa Rowther - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1927Mad722
AppellantAbdul Kadi Rowther and anr.
RespondentUthumansa Rowther
Cases ReferredThavasi v. Arumugam
Excerpt:
- - this argument is clearly supported by the decision of this court in thavasi v.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 court's decree so far as it relates to mesne profits. in other respects the lower court's decree will stand. the petitioner will get his costs in this court.
Judgment:

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 Court's decree so far as it relates to mesne profits. In other respects the lower Court's decree will stand. The petitioner will get his costs in this Court.


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