Skip to content


Muthu Karuppa Kothan Vs. A. Sitha Viriyan Chetty - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.644
AppellantMuthu Karuppa Kothan
RespondentA. Sitha Viriyan Chetty
Cases ReferredVenkoba v. Subbanna
Excerpt:
civil procedure code (act xiv of 1882), section 43 - suit fur mesne profits only when plaintiff were not in possession--subsequent suit for possession--second claim not barred. - 1. the lower courts have held that the present suit for possession is barred by the suit which was previously instituted by the same plaintiffs for mesne profits. following the decisions in gutta saramma v. maganti raminedu 31 m.k 405, and tirupati v. narasimha 11 m.k 210, we are of opinion that the suit is not barred. it is unnecessary to decide whether there is any conflict between the decision in tirupati v. narasimha 11 m.k 210 and that in venkoba v. subbanna 11 m.k 151. the right to mesne profits may exist without any right to possession, and the cause of action sued on need not necessarily be one and the same. we set aside the decrees of the courts be low, direct the munsif to restore the suit to his file and proceed to dispose of it according to law. costs will abide the result.
Judgment:

1. The lower Courts have held that the present suit for possession is barred by the suit which was previously instituted by the same plaintiffs for mesne profits. Following the decisions in Gutta Saramma v. Maganti Raminedu 31 M.k 405, and Tirupati v. Narasimha 11 M.k 210, we are of opinion that the suit is not barred. It is unnecessary to decide whether there is any conflict between the decision in Tirupati v. Narasimha 11 M.k 210 and that in Venkoba v. Subbanna 11 M.k 151. The right to mesne profits may exist without any right to possession, and the cause of action sued on need not necessarily be one and the same. We set aside the decrees of the Courts be low, direct the Munsif to restore the suit to his file and proceed to dispose of it according to law. Costs will abide the result.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //