AIR 1961 ANDHRA PRADESH 432 ::(1961) 1 Andh WR 372 ::ILR (1961) 2 Andh Pra 304

Andhra Pradesh High Court

Hon'ble Judge(s): P. Chandra Reddy , C.J. AND Ramachandra Rao , J

Limitation Act (9 of 1908) , Art.109, Art.120— Applicability - Prior suit for possession and future mesne profits - Decree for possession - Future mesne profits left open for determination in separate suit - Delivery of possession - Second suit for mesne profits from date of earlier suit till delivery of possession - Art.109 and not Art.120 applies - Plaintiff not entitled to claim mesne profits for more than three years prior to second suit. The plaintiff filed in 1943 a suit for ejectment of the defendants from the suit land on the footing that they were yearly tenants and that the tenancy had been determined by a notice. A prayer for recovery of possession, arrears of rent and future mesne profits was also made. After a protracted litigation the suit resulted in a decree for possession and the claim for future mesne profits was left open for determination in a separate suit. This decree was confirmed in second appeal by the High Court in 1953 without any cross-objection being filed by the plaintiff. The plaintiff recovered possession of the land in 1953. Thereafter the plaintiff filed another suit claiming mesne profits from the date of the institution of the earlier suit till the date of delivery of possession on the ground that the defendants were in unlawful possession for the aforesaid period. Held that on the allegations in the plaint ....