§ 16-1109. Recovery of mesne profits and damages; separate count.

(a) The plaintiff may embody in his complaint, in a separate count, a claim for the:

(1) mesne profits received by the defendant from the property sued for; or

(2) clear value of the use and occupation of the property sued for —

extending to the time of the verdict, and also damages for waste or injury to the premises during that period.

(b) If the jury find for the plaintiff, they may, at the same time, find and assess the mesne profits, or the value of the use and occupation and the amount of damages, specified by subsection (a) of this section. Except in the case provided for by § 16-1116 , there shall be rendered, besides a judgment for the recovery of the property, a judgment against the defendant for the amount so found by the jury.