AIR 2005 (NOC) 43 (MAD) ::(2005) 25 AllIndCas 619 (MAD) ::(2005) 1 CivLJ 20 ::(2004) 5 CTC 414 (MAD) ::(2005) 1 CurCC 480 ::(2004) 4 Mad LW 477 ::2004 (4) MadLW 679 ::(2004) 3 Mad LJ 662

Madras High Court

Hon'ble Judge(s): N. V. Balasubramaniam , J

Civil P.C. (5 of 1908) , O.2 R.2, O.2 R.4— Recovery of mesne profits - Suit for recovery of possession of immovable property - Cause of action for recovery of possession of immovable property and for recovery of mesne profits - Is distinct and different - Therefore separate suit for recovery of mesne profits that accured during pendency of earlier suit for possession - Maintainable. The cause of action for recovery of mesne profits is distinct and different from the cause of action for recovery of possession of immovable property and if it is a part of the same cause of action leading to the filing of the suit for recovery of possession , the legislature need not have introduced O. 2, R. 4, C.P.C. Order 2, R. 4, C.P.C. though couched in negative form, gives a clue that without obtaining the leave of Court, it is open to the party to join in a suit instituted for recovery of immovable property the claim for mesne profits or arrears of rent in respect of the property claimed or any part thereof meaning thereby that the cause of action for recovery of immovable property and the cause of action for mesne profits are different, and if they are one and the same, there is no need for the legislature to incorporate a specific provision in O. 2, R. 4, C.P.C. Thus, it is open to the plaintiff in a suit for recovery of immovable property not to claim mesne profits eith....