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SANDEEP V. MARNE
Union of India, Through Defence Secretary, Ministry of Defence, New Delhi – Appellant
Versus
Rustom Sam Boyce, (Adult) – Respondent
JUDGMENT :
(Sandeep V. Marne, J.) :
1) Union of India has filed these Civil Revision Applications challenging the Orders dated 3 March 2022 passed by the Appellate Bench of the Small Causes Court, by which Misc. Appeal No.325 of 2015 filed by the Applicant-Union of India has been dismissed, whereas Misc. Appeal No.354 of 2014 filed by the Respondent/Decree- holder is allowed by determining the mesne profits in respect of the suit property at the rate of Rs. 2,50,000/- per month from the date of filing of the suit i.e. 29 July 1979 till 20 November 2022 along with interest @ 6% p.a. By its order dated 9 May 2014, the Small Causes Court had determined the amount of mesne profits @ Rs.2,00,000/- per month with a direction to pay the same from the date of filing of the suit till 20 November 2000 with interest @ 6% p.a. The Appellate Bench has enhanced the quantum of mesne profits to Rs. 2.50,000/- per month.
2) R.A.E.& R. Suit No.1429/4857 of 1979 was filed by Dr. Sam Framrose Boyce against Union of India and its Military Estate Officer for recovery of possession of the suit premises named Boyce Building situated at Gowalia Tank Road, August Kranti Marg, Mumbai-400 026 (suit premises). Th
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
Mesne profits are payable from the date of lease termination, and the Appellate Court can extend payment periods and correct errors in lower court decisions.
A claim for future mesne profits is a distinct cause of action and can be validly pursued even if not initially included in a decree for possession, negating previous res judicata arguments.
The court clarified that interest on mesne profits should be limited to 6% as the transaction was not commercial in nature under Section 34 of the Code of Civil Procedure.
Mesne Profits – A tenant who once entered property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate landlord for such time period af....
(1) Once a decree for possession has been passed and execution is delayed depriving decree holder to reap fruits, it is necessary for Appellate Court to pass appropriate orders fixing reasonable mesn....
The court ruled that conditions for stay of execution cannot include mesne profits payments without proper ascertainment, ensuring rights of both parties are preserved during appeals.
Possession protected by law cannot be deemed wrongful, and mesne profits can only be recovered post-legal entitlement.
The valuation of a suit for recovery of possession must comply with statutory provisions, and claims for mesne profits require a declaration of unauthorized occupation.
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