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1986 Supreme(Cal) 100

A.M.BHATTACHARJEE, SUKUMAR CHAKRAVARTY
GOKUL CHANDRA – Appellant
Versus
ATLAS AND UNION JUTE PRESS CO. LTD. – Respondent


Advocates Appeared:
A.N.ROY, D.P.ADHIKARI, J.K.DAS, R.N.MISRA, SUDHIR DAS GUPTA

A. M. BHATTACHARJEE, J.

( 1 ) THE facts in the suit for partition, recovery of possession and mesne profits, which has given rise to these two appeals, are long and complicated. But the question involved in these two appeals arising from the decree of mesne profits passed in the suit is a short one and does not necessitate the narration of those facts.

( 2 ) AS is obvious from the definition of "mesne profits" in S. 2 (12) of the Civil P. C. and also the provisions relating thereto in O. 20, R. 12 of the Code, a decree for mesne profits can be passed for the profits which the person in wrongful possession actually received or might with ordinary diligence have received together with interest thereon. The liability to pay mesne profits would, therefore, be obviously confined to the period during which the person to be charged therefore was in wrongful possession. The moment the possession ceases, whether by delivery of possession or by relinquishment, the liability to pay mesne profits also ceases, as indicated in Cl. (c) of R. 12 of O. 20. But if in any given case, the possession of the judgment-debtor, which was wrongful at certain stage, ceases to be wrongful, would his liabili







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