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Judgment
5 paragraphs · 123 words
Madhavan Nair, J.—In this case the plaintiff-respondent obtained a decree u/s 9 of the Specific Relief Act for possession of the property
and also for mesne profits. It is argued that the lower Court is wrong in passing a decree for mesne profits, as the passing of such a decree does
not come within the scope of a suit u/s 9 of the Specific Relief Act. This argument is clearly supported by the decision of this Court in Thavasi v.
Arumugam [1915] 30 M. L. J. 326 Following this decision. I set aside the lower Court''s decree so far as it relates to mesne profits. In other
respects the lower Court''s decree will stand. The petitioner will get his costs in this Court.