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Limitation period to claim mesne profit


13-Jan-2023 (In Civil Law)
Initially I filed a suit for injunction against trespass in 1996, which was amended to add reliefs of declaration and possession in 1999.The suit was decreed in my favour in 2016,after innumerable IAs and rounds in High court and Supreme court. I had omitted to seek for mesne profits initially, now can I file a separate suit for recovery of manse profits separately from the date of trespass in 1996?The Trial Court has held only now in the Judgement of 2016 that the Defendants are trespassers at all times right from beginning. . Finally the Court held in judgment that my documents are lawful and the defendant’s documents were fraudulent and ordered for Possession. Would my claim for mesne profits be limited to limitation period (3years) preceding the date of a proposed suit for recovery of mesne profits. The defendants are continuing to be in possession at present as trespassers.Your views would be highly appreciated.
Answers (5)

Answer #1
623 votes
Yes, you can file a suit for the mesne profits. Generally, you can claim for the mesne profits for 3 years only as the mesne profits beyond 3 years are barred by the limitation.

Sadanand Gandhinagar Bangalore
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Answer #2
819 votes
Normally the claim of mense profits is restricted to three years. Now you can file suit claiming arrears of mense profit right from 1996. Usually trial Courts do not allow claims for more than three years but Hon'ble High Courts having vast discretion powers may allow our claim for mense profits from 1996.

Answer #3
524 votes
Of course your claim for mesne profit barred by limitation
You have got the judgment recently declaring you as the absolute owner of property and unlawful possession by defendant so in my opinion you will get the Fresh cause of auction on ground of unlawful possession based on judgment
Go ahead
Regards from
Ravindra Advocate
Answer #4
702 votes
Thank you for your mail. The lengthy reply unable to write through email which runs to pages and unable to speak/discuss over phone for long time. Hence kindly meet us in our office according to your convenience with prior appointment.
Answer #5
262 votes
In the event that plaintiff brought suit for compensation, she would have not been entitled to any mesne profit for a period of more than three prior years before the date of the wrongful occupation. The Limitation Act of 1963, Article 87.
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