AIR 1998 RAJASTHAN 333 ::(1999) 2 WLC(RAJ) 407 ::(1999) 4 CivLJ 193 ::1999 (1) CivilCourtC 80 ::1999 (1) ICC 605 ::1998 (2) RajLR 68 ::1998 (3) RajLW 1590 ::1999 (2) RentLR 383

Rajasthan High Court

Hon'ble Judge(s): V. S. Kokje , J

(A) Civil P.C. (5 of 1908) , S.115— Revision - Scope - Appreciation of evidence High Court in Revision will not embark upon. (Para 2) (B) Specific Relief Act (47 of 1963) , S.6— Suit for recovery of possession - Claim for mesne profits - Cannot be granted. In every suit for possession under S. 6 of Specific Relief Act mesne profits cannot be said to be claimable as consequential relief. The remedy under S. 6 is a special remedy providing speedy relief to a person who is thrown out of possession except by following the process of law. It is an exception to general law which requires the plaintiff to prove his right to the property before decreeing possession in his favour. Such provision has to be construed strictly and not liberally. When the provision does not speak of any other relief than recovery of possession, other reliefs cannot be read into the language. Moreover, under this section the claim for possession is based on dispossession otherwise than in due course of law, title of the plaintiff to continue in possession is not to be looked into and without looking into it mesne profits cannot be decreed. Where the trial Court passed decree for recovery of possession as well as for relief of mesne profits, such decree was valid only to the exten....