Back
MANOJ KUMAR VYAS
Jagdish Prasad Sharma – Appellant
Versus
Dharmendra Alias Purushottam Adopted – Respondent
JUDGMENT
This matter has come-up on misc. application No.48366/2019,filed under Order 41 Rule 5 read with Section 151 of CPC, to direct the appellants to pay the mesne profits as per the prevailing rate (@ Rs. 10,300/- per month) w.e.f. 01.07.2019 onwards until the decision of this first appeal.
It has been submitted that the appellants have filed the present first appeal against the judgment and decree dated 24.03.2018, whereby and whereunder, respondent-applicant has been entitled to get the possession of the suit property along with mesne profits. The possession of the appellants over the suit property is unauthorized, particularly after passing of the judgment and decree. However, in the first appeal, vide order dated 28.05.2019, this Court had protected the possession of appellants by staying the execution of the impugned decree during the course of pendency of first appeal, subject to mesne profits as ordered in the impugned decree. Simultaneously, liberty was granted to the respondent/plaintiff to move application for enhancement of amount of mesne profits.
The suit property is a plot. As per its location, standing construction and use, the market has been assessed by the Chart
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.
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 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 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 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.
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.
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.
The valuation of a suit is determined by the plaintiff's estimation unless it is grossly improper, and issues of mesne profits must be resolved at trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
