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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, J.
Somaram S/o Devaji & Ors. – Appellants
Versus
Naresh Kumar & Ors. – Respondents
S.B. Civil First Appeal No. 580 of 2018
Decided On : 18-02-2022
Mesne Profit - Interlocutory Application - The court modified the order for payment of mesne profit due to economic hardship faced by the appellants during the COVID-19 pandemic.
Fact of the Case:
The appellants sought modification of the order for payment of mesne profit due to economic hardship caused by the COVID-19 pandemic.
Finding of the Court:
The court found that the appellants were facing financial difficulties due to the pandemic and reduced the amount of mesne profit to be paid to the respondents.
Issues: Modification of mesne profit payment due to economic hardship caused by COVID-19 pandemic.
Ratio Decidendi: The court considered the economic impact of the pandemic on the appellants and reduced the mesne profit payment accordingly.
Final Decision: The court accepted the interlocutory application and directed the appellants to pay a reduced sum of Rs.2,500/- per month to the respondents as mesne profit.
JUDGMENT
Sandeep Mehta, J. - The matter comes up for orders on Interlocutory application No.2/2021 moved by the appellants herein seeking modification of the order dated 25.11.2019 passed by this Court whereby, the stay on the impugned judgment and decree was continued subject to the condition that the appellants shall continue to pay a sum of Rs.5,000/- per month to the respondents as mesne profit till disposal of the appeal. Now, the interlocutory application has been moved seeking reasonable reduction in the amount of mesne profit on the ground that in the intervening period, the appellants have suffered serious economical crisis owing to the COVID pandemic. The land in question is just in excess of 1 Bigha and the appellants are not receiving any significant profits from the land and thus, they are suffering financial crunch for paying the mesne profit amount of Rs.5,000/- per month.
2. Shri Narendra Thanvi, learned counsel appearing for the respondents, submits that the appellants have been regularly making payment of the mesne profit to the respondents and thus, the argument that the appellants have been economically weakened on account of COVID pandemic is not tenable.
3. I have given my thoughtful consideration to the submissions advanced at bar and, have gone through the contents of the application and the material placed on record.
4. The land in question measures just above 1 Bigha and thus, agricultural proceeds from such a chunk of land would not be very significant.
5. as a consequence, I am inclined to accept the instant interlocutory application and it is directed that the amount of mesne profit to the tune of Rs.5,000/- per month awarded by this Court to the respondents is reduced and now the appellants shall pay a sum of Rs.2,500/- per month to the respondents as mesne profit. The order dated 25.11.2019 is modified accordingly.
6. The interlocutory application No.2/2021 is accepted in these terms.
Courts may consider economic hardship caused by extraordinary circumstances, such as the COVID-19 pandemic, in modifying orders for payment of mesne profit.
The court has the authority to modify interlocutory orders to prevent undue hardship to the parties involved.
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....
The main legal point established in the judgment is that the procedure under Order 20 Rule 12 CPC for the passing of a decree for possession and mesne profits should be followed only when a suit is f....
Mesne profits must be quantified based on credible evidence reflecting prevailing market rates, with the burden of proof resting on the claimant to substantiate the claims.
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