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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ROHIT W.JOSHI
Sudhadevi W/o. Ramakant Loiya – Appellant
Versus
Maharashtra State Ware Housing Corporation – Respondent
JUDGMENT :
ROHIT W JOSHI , J.
The present Second Appeal arises out of the judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appeal No.61/2018. By the said judgment and decree, the learned District Judge has allowed the aforesaid appeal, thereby quashing and setting aside the judgment and decree dated 11.11.2011 passed by the learned Civil Judge, Junior Division, Bhandara, in Special Mesne Profit Case No.1/2004, thereby dismissing the said mesne profit case.
02. The appellants had filed a suit for eviction and possession against the respondent being S.C.S. No.29/1997. The said suit was decreed vide judgment and decree dated 30.04.2002. It will be pertinent to mention that a prayer for enquiry into future mesne profit from the date of institution of the suit till the date of delivery of possession was also made in the plaint. Although the suit was decreed and mesne profit for the period preceding to the date of filing of the suit was also awarded, the decree is silent with respect to future mesne profits. The learned Civil Court did not pass decree directing enquiry into future mesne profits. The judgment is also silent on this aspect
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 right to apply for mesne profits arises immediately after the preliminary decree and is not contingent on the occurrence of specific events.
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.
The main legal point established in the judgment is the interpretation of Order XX Rule 12 (1) (c) CPC in relation to the entitlement of mesne profits and the period for which they would be payable t....
Determination of Mesne profits – Law nowhere provides for any specific time limit for initiation of such proceedings rather Court is obliged to undertake this exercise on its own.
The main legal point established in the judgment is that the possession of the appellant was wrongful from 1986, and the respondents were entitled to mesne profits for the entire period, including th....
The court held that claims involving arrears of rent and mesne profits constitute a commercial dispute under the Commercial Courts Act, necessitating judicial consideration and trial.
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