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 reasonable and based on property location and dimensions.

1. Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (‘CPC’) has been filed against the Judgment and decree dated 25.03.2025 whereby the learned Additional District Judge, New Delhi has decreed the Suit of the Plaintiff for decree of mesne profits @ Rs.10,000/- per month from 22.09.2017 till the receiving of the possession on 03.12.2021.

2. The brief facts are that the Plaintiff/ Respondent had filed a Suit for Declaration, Permanent Injunction, Rendition of Accounts and Recovery of Mesne Profits. The case of the Respondent was that she which was the owner of property bearing No. H-54, Gyan Mandir Road, Jaitpur, Badarpur, Delhi, having purchased the Suit property on 09.02.1996 from the erstwhile owner, Mahipal through GPA, Agreement to Sell, Affidavit, etc., and was in possession thereof. Defendant, Appellant was the daughter of the husband of the Plaintiff from his first marriage.

3. On 19.06.2004, her husband/ father of the Defendant passed away. The intentions of the Defendant became dishonest towards the Plaintiff and her children, leading to her filing of a Suit for Partition, Declaration, Rendition of Accounts bearing CS No. 932/2004 before this Court, against the Respondent. The Suit got transferred to the Court of District and Sessions Judge on 24.11.2016. The Suit got dismissed vide Judgment and decree dated 22.09.2017. Thereafter, the Plaintiff filed the suit for Recovery of possession, and Mesne Profits, since she had no right, title or interest to reside in the property.

4. The Written Statement was filed by the Appellant. Thereafter, the issues were framed whether the Suit was liable to be decreed in terms of the Judgment dated 22.09.2017 in CS No. 506/2017 decided by the Learned ADJ between the same parties. Thereafter, which the Plaintiff/ Respondent led her evidence.

5. The PW-2, Shambhoo Datt, Record Clerk, Judicial Assistant, produced the record pertaining to Civil Suit No. 932/2004 and proved the documents of the said Suit. PW-3, Ranbir Singh, Record Clerk, Record Room (Sessions), produced the record of Civil Suit No. CS number 506/2017 and proved the proceedings. The Defendant/Appellant tendered her evidence.

6. The Learned ADJ on the appreciation of evidence and the rival contentions, concluded that the finding that the Defendant had never claimed ownership in the Suit property,in the judgment dated 13.11.2019 in the Partition Suit, was binding as res judicata. The Plaintiff was held to be the owner of the Suit property and the preliminary decree of possession was passed in favour of the Respondent, which got executed and possession was handed over in December, 2021.

7. Only the issue of mesne profits remained, which after considering the evidence, was allowed @ Rs.10,000/- per month from 22.09.2017 till the date of possession, i.e. 03.12.2021, alongwith interest @ 6% p.a.

8. The grounds of challenge of the judgment are that the learned Trial Court has failed to consider that the property was in a dilapidated/ uninhabitable condition and was not fit for living. Moreover, it is situated in an unauthorized colony, where the rent of the property is much less. The Suit property came under O-Zone area, in which any kind of construction and repair work, was not permitted. The Respondent’s claim of letting out the Suit property on a rent was only a thought, to get the relief from the Court, but there was no proof in regard to the same. No neighbour was exami