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CHANDRA DHARI SINGH
Arvind Dugar – Appellant
Versus
Anand Mohan Agarwal – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. No. 19161/2022
1. The present application under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") has been filed by the plaintiffs seeking the following prayers:
"a) Allow the present application of the plaintiffs under Order 14 Rule 5 read with Section 151 of the Code of Civil Procedure and direct the following issue to be framed as additional issue No. (iii) "Whether the Plaintiffs are entitled to a decree of mesne profits from the date of filing of the present suit till the defendants remain in continuous occupation of the entire suit property?"
b) Pass any such other or further order(s) as this Hon'ble Court may deem fit and proper to protect the right of the plaintiffs/applicants."
2. The issues in the captioned suit were framed by the predecessor Bench of this Court vide Order dated 22nd September, 2016. The said issues are reproduced hereunder:
"(i) Whether the plaintiffs are entitled to a declaration that they are the owner of 50% share in the suit property bearing plot no.146, Pocket-1, Jasola Residential Scheme, Jasola, New Delhi? OPP
(ii) Whether the plaintiffs are entitled to a decree for r
The main legal point established in the judgment is the court's power under Order XIV Rule 5 of the CPC to amend issues necessary for determining the matters in controversy between the parties.
The court established that mesne profits must reflect actual use and compliance with prior orders, not merely potential commercial value.
The court's decision was based on the fact that the suit property was not being used for commercial purposes and the appellants were paying mesne profits regularly as directed by the court.
A party in unauthorized possession of property is liable to pay mesne profits to the rightful owner for the duration of the occupation, and such assessment by the trial court is valid if it is reason....
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.
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 court established that tenants must compensate landlords with mesne profits during the appeal process, reflecting current market rates, not just contractual rent.
The main legal point established is the determination of mesne profits based on the valuation of the property and prevailing rent, while considering the relationship between the parties and maintaini....
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.
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