OM PRATAP SONI Vs. RANA PRATAP SONI

JUDGEMENT

(1.) This application has been filed by the defendant seeking framing of an additional issue as under: "To what amount the plaintiff is liable to pay to the defendant for use and occupation of the suit premises from the date of filing of the suit."

(2.) The plaintiff has filed a suit for partition in respect of property No.180, Jor Bagh, New Delhi. The stand which has been taken by the defendant is that the defendant is the sole owner of the property though it was purchased in the name of a partnership firm as the funds flowed from the defendant. Issues were framed on 17.2.2005.

(3.) Learned counsel for the applicant/defendant contends that the provisions of Order 20 Rule 12 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) would apply to the present case if read together with Order 20 Rule 18 of the said Code. Rule 12 refers to a decree of possession and mesne profits and is made applicable where a suit is filed for the recovery of possession of immovable property and for rent and mesne profits. It is in such a case that a Court may pass a decree for the rents which have accrued on the property during the period prior to the institution of the suit and directing an inquiry as to such rent or for future rent and mesne profits. Rule 18 deals with the decree in the suit for partition of property or separate possession of a share therein.