In Brief
A company leased commercial premises and, after the lease expired, the landlord obtained a decree for possession but abandoned the mesne profits claim. The company continued occupation under court-ordered interim payments. Years later, the landlord filed a fresh suit claiming mesne profits. The Supreme Court held that the subsequent suit was unmaintainable. Once a claim for mesne profits is intentionally relinquished in an ejectment suit and the plaintiff accepts interim payments without objection, Order II Rule 2 of the Civil Procedure Code bars a fresh suit for the same relief. The relinquishment attains finality and estops the plaintiff from resurrecting the claim later.
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