T.K. THULASIRAM Vs. DIRECTOR PUBLIC LIBRARY DEPARTMENT

JUDGEMENT

(1.) Challenge in this civil revision petition is made to the Judgment and Decree, dtd. 23/7/2009, passed in C.M.A. No. 2 of 2007, on the file of the I Additional Subordinate Court, Madurai, confirming the fair and decreetal orders, dtd. 17/8/2006, passed in I.A. No. 307 of 2005 in O.S. No. 23 of 2001, on the file of the Principal District Munsif Court, Madurai.

(2.) Shorn of unnecessary details, it is found that the petitioner has laid the ejectment suit against the respondents in O.S. No. 23 of 2001 and after contest, the suit ended in a decree in favour of the petitioner. It is also noted that the decree had been granted in favour of the petitioner for the past and future mesne profits. Materials placed on record go to show that following the decree passed in the abovesaid suit, the respondents had vacated the petition property and handed over the possession of the same to the petitioner in the first week of January, 2005 and it is also noted that admittedly, the respondents have paid the admitted rent at the rate of Rs.1,000.00 till December, 2004. Seeking mesne profits at the rate of Rs.2,000.00 for the petition property and accordingly, contending that the respondents are liable to pay the mesne profits at Rs.2,000.00 till the handing over of the possession of the petition property, accordingly, it is found that the petitioner has come forward with an application in I.A. No. 307 of 2005 claiming the abovesaid relief of mesne profits from the respondents.

(3.) The respondents contested the claim of the petitioner contending that the claim of mesne profits at the rate of Rs.2,000.00 by the petitioner is not justifiable and as the respondents had paid the admitted rent of Rs.1,000.00 upto December, 2004 and also vacated the petition property and handed over the possession of the same to the petitioner in the first week of January, 2005, the present claim of mesne profits at the rate of Rs.2,000.00 is not maintainable and accordingly, prayed for the dismissal of the abovesaid application.