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january 2008

Supreme Court of India · 2008-01-22

Ganapati Madhav Sawant(Dead)Through ... vs Dattur Madhav Sawant

Citation / case number
2008 AIR SCW 1189
Court
Supreme Court of India
Petitioner
Ganapati Madhav Sawant(Dead)Through ...
Respondent
Dattur Madhav Sawant
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the High Court erred in awarding mesne profits without a specific prayer for such in the plaint, violating Order XX Rule 12 of the Code of Civil Procedure, 1908. The Court emphasized that mesne profits cannot be granted unless explicitly claimed, referencing the precedent set in Mohammad Amin v. Vakil Ahmed [AIR 1952 SC 358]. The appeal was allowed, and the provision for mesne profits in the decree was deleted, affirming the rest of the High Court's decision.

Ganapati Madhav Sawant(Dead)Through ... vs Dattur Madhav Sawant · Niyam