MOHAMED HABIBULLAH Vs. RAHIMATH BEEVI

JUDGEMENT

(1.) THE civil revision petition arises out of I.A. No. 354 of 1976 in O.S. No. 24 of 1965 on the file of the District Munsif, Paramakudi, under the following circumstances:

(2.) THE revision petitioner is the plaintiff in the said suit, which was one for partition of his share in the suit properties. He also filed a petition for recovery of his share in the rents and profits derived from the properties. While the petition was disposed of, he was given liberty to file a subsequent petition for the same. The final decree was passed on 30th April, 1973, which came to be confirmed in the appeal and thereafter, he obtained delivery of possession in E.P. No. 85 of 1975 on 30th December, 1975. There were 11 shops in the suit properties and it appears that in respect of ten of them, a sum of Rs. 5 per mensem was collected as rent for each shop till 31st December, 1967 and thereafter, at the rate of Rs. 7 and for the remaining one, a rent of Rs. 10 per month was being collected. The petitioner for his share is entitled to Rs. 6,150 by way of mesne profits and therefore, he took out the said Interlocutory Application for passing a decree for mense profits.

(3.) THE learned District Munsif dismissed the application on the ground that inasmuch as the petitioner filed the suit alleging that he was in possession, he was not justified in asking for mesne profits. Consequently, he dismissed the petition. Thereupon, C.M.A. No. 11 of 1977 was preferred to the District Court of Ramanathapuram at Madurai. That also ended adversely to the petitioner. Hence, the present revision to revise both the orders.