2017 SCC Vol. 10 December 14, 2017 Part 3

Civil Procedure Code, 1908 — Or. 2 R. 2 r/w R. 4 — Mesne profits: In a case where the plaintiff has claimed mesne profits or arrears of rent in a suit filed for ejectment of the tenant and has relinquished his rights vis-à-vis mesne profits or arrears of rent in the suit proceedings itself, the provisions of Or. 2 R. 2 will come into play and in comparison to the second suit for mesne profits or arrears of rent till the decree, the earlier suit will attain finality. Thus, by not pressing the claim of mesne profits raised in a suit before the court, unconditionally and without any reservation, the plaintiff cannot thereafter turn around and claim the same relief by filing a fresh suit. [Raptakos Brett & Co. Ltd. v. Ganesh Property, (2017) 10 SCC 643]