LAW FOR ALL

Order II Rule 2 - No fresh suit for mesne profits alone when the suit for eviction was passed with out any reservation =The plaint does not disclose any cause of action or any clear right to sue and was liable to be rejected= The subsequent suit claiming mesne profits for the very same period during which a fixed amount was paid by the appellant-Company and accepted by the respondent without objection is clearly not maintainable. = the possession of the appellant-Company for the period under consideration, pursuant to orders passed by the High Court and this Court, cannot in any view be considered as illegal or unauthorized or that of a trespasser. For that reason, the plaint in Civil Suit No. 457 of 1998 does not disclose any cause of action for filing a suit for mesne profits till surrender of possession. Therefore, the issue of mesne profit attained finality and the respondent is not entitled to raise the same issue now by way of filing a fresh suit. In other words, by not pressing the claim of mesne profits raised in a suit before the Court, unconditionally and without any reservation, the respondent cannot thereafter turn around and claim the same relief by filing a fresh suit.