Recovery of Rent and mesne Profit in HUF Partition
1) For Family Partition ( 4 sons & Daughters ) filed suit at Bangalore Civil Court on 1996 and degreed as 1/10 share each on 2006 ( Property (1) Residential Bldgs 42 and 1/2 X 250 at Visvewarapuram Bangalore-4)
2) 2006 Sons filed an appeal at High Court at Bangalore.
3) 2008 it is compromised in High Court as schedule property "A" to be retain by sons at value declared. Schedule property "B" should be auctioned and distribute after deducting expences. 'A' Property value distributors to all as 1/10 share. 6 daughters released the property to sons.
4) 'B' ( It is a godown of Lorry Transport area 30 ft to Road 80 ft with cannot be divided ) property auctioned by court commissioner on 30.05.2011. 4 daughters bid amount was highest and deposit the amount in court after deducting expenses and share of 4 daughter. Court ordered to sons to hand over the position and take their 1/10 share.
5) 3 sons delivered ground floor 30 x 80 Building. 1 son in first floor 4 shops about 450 feet and he is enjoying Rent about Rs 25000/- in total. He filed 1 A /2016 as he wanted 1/10 place and not the amount at FDP/2006 it is ordered 2017 to deliver the position and take 1/10 amount.
6) He filed went at High Court for place to not amount. 1A filed after some time 2018 as auction payment not paid in time. 021RS4185 payment to pay within 15 days. But as per Limitation Act is 60 days. And as per compromise conditions he could not ask all these. Hence writt dismissed. we have to go in FDP for warrant to vacate which is in this position. we have to claim Rent & Mesne profit. Please send citations for this to proceed in FDP court.