AIR 1964 CALCUTTA 39

Calcutta High Court

Hon'ble Judge(s): P. N. Mookerjee, K. C. Sen , JJ

Limitation Act (9 of 1908) , S.14— Good faith and due diligence - Inclusion of claim for future mesne profits in previous money suit cannot be said to have been done in bad faith or without due diligence - Claim not misconceived - S.14 applies. When a party includes a claim for future mesne profits in a purely money suit, the matter cannot be said to have been done in bad faith or without due diligence. A filed a money suit against his tenant B occupying a shed and some structures. He claimed damages from 1945 to 1948 and also claimed future mesne profits till recovery of possession. The suit was decreed but the claim for future mesne profits was disallowed. Thereafter B filed a suit for declaration that A's title to the property had been extinguished. The declaration was refused but A was ordered to remove the structures and B was directed to assist A by stopping his work in the shed. On B's failure to comply with the direction, A again filed a suit for damages from 1948 to 1956. For a period beyond 3 years prior to the suit he claimed protection from limitation, Held that the inclusion of the claim for future mesne profits in the previous suit could not be held to be mala fide or in bad faith or without due diligence and the remedy, even if otherwise misconceived, did not fall within the mischief of the law, so as to put the s....