Which one of the following is not an actionable claim ?
Tripura Public Service Commission - 2019,
Answer: C
The one that is not an actionable claim is A claim for mesne profit.
Section 3 of the Transfer of Property Act defines an actionable claim as a claim to an unsecured debt, or to a beneficial interest in movable property not in the claimant's possession. A claim for mesne profits is neither: it is a claim for damages for wrongful possession, which is not a debt until a court quantifies it, and is treated as a mere right to sue, which Section 6(e) makes untransferable.
Arrears of rent are a debt, and a share in a partnership and a right to the proceeds of a business are beneficial interests in movable property, so the key treats all three as actionable claims.
Please log in or register to report this question.