Code of Civil Procedure, 1908–Sec. 2(12)–Specific Relief Act, 1963–Sec. 12–Scope–No mesne profit can be awarded if relief for the same has not been prayed for in the plaint–Instant suit was for specific performance of sale agreement–No prayer for mesne profit was made by the plaintiff–Further, there is no evidence on record to show that the appellant is earning any profit out of the user of the land in question–If ultimately, the present appeal is dismissed, the respondent-plaintiff would be entitled for the execution of the sale deed in his favour on the same consideration amount agreed in the agreement which was executed way back in the year 2010–Held, the prayer of respondent for the award of mesne profit is liable to be rejected.
