ARULMIGHU SRI RANGANATHASWAMY DEVASTHNAM SRIRANGAM Vs. R RAMANUJAM

JUDGEMENT

(1.) THE petitioner herein filed suit O.S.No.1188 of 1978 for recovery of possession and for recovery, of a sum of Rs. 1,269 being the rent or damages for use and occupation till the date of the suit and also for future profits till the date of delivery of possession by making a provision for enquiry under Order 20, Rule 12 of the Code of Civil Procedure. THE said suit was decreed on 30.12.1989. THE respondent herein also delivered possession of the property on 7.3.1990. Subsequently, the petitioner filed the application I.A.No.713 of 1994 claiming the mesne profits at the rate of Rs.50 per month from the date of the plaint till the date of delivery of possession deducting therefrom the amounts received for two fasli years. THE said application was dismissed by the Court below on the ground that the decree is dated 30.12.1989 and the application was filed in 1994 and since it is more than three years, the application is barred by limitation. Hence, this revision.

(2.) LEARNED counsel for the petitioner contended that the present application filed by the petitioner is only to ascertain the profits and only after ascertainment of the same, the recovery has to be done. The period of limitation is only in respect of the recovery proceedings and not in respect of the enquiry to ascertain the mesne profits. He also relied upon the judgment reported in the case of Ramasubramanya Pattar v. Karimbil Patti, 1940 (I) MLJ 54 (FB) and Pryag Singh v. Raju Singh, 25 Cal. 204.

(3.) IN fact this Court has held in the case of M.Janakirama Iyer v. Meenakshiammal, 1982 (II) MLJ 461 as follows;