VidhiSangh

Supreme Court of India · 05/09/2017

M/S RAPTAKOS, BRETT & CO. LTD. versus M/S GANESH PROPERTY

[2017] 8 S.C.R. 982 · 2017 INSC 857

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Summary

The Court held a landlord’s subsequent mesne-profits suit not maintainable where that claim had been unconditionally relinquished in earlier ejectment proceedings and court-fixed occupation payments for the same period had been accepted without objection. The tenant complied with the courts’ conditions and surrendered possession on time. The plaint disclosed no cause of action for reopening that settled period, and the tenant’s appeal was allowed.

Issues

  1. Whether a fresh mesne-profits suit could reopen a relinquished claim and periods covered by accepted court-fixed occupation charges.
  2. Whether a genuinely distinct later claim was different from the claim advanced here.

Provisions considered

Held

Result

Tenant’s appeal allowed; subsequent mesne-profits suit held not maintainable and its plaint liable to rejection.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 982.