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ARUN KUMAR JHA
Devendra Singh – Appellant
Versus
Kailash Prasad – Respondent
Arun Kumar Jha, J.—The instant petition has been filed under Article 227 of the Constitution of India by the petitioner for setting aside the order dated 16.01.2017 passed by the learned Sub Judge 2nd, Kaimur at Bhabhua in Execution Case No. 05 of 1996 whereby and whereunder the learned Executing Court directed the judgment debtor to pay Rs.1,73,920/- to the decree holder as mesne profits.
2. Briefly stated, the facts of the case are that the respondent no. 1/respondent 1st set was the plaintiff in Title Suit No. 64 of 1986 and he filed a suit for recovery of possession over the suit land as well as for mesne profits. It has been pleaded by the plaintiff that the defendants were in need of money for purchase of tractor and they executed three sale deeds on 31.10.1983 with respect to suit property as mentioned in Schedule ‘Ka’ of the plaint for Rs.15,000/- but only part payment of Rs.5,000/- was made at the time of execution of the sale deed. Subsequently, the plaintiff paid remaining consideration amount of Rs.10,000/- but possession of the property was not delivered by the defendants and as such the plaintiff filed the title suit seeking relief of recovery of possession as well as
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.
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.
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.
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