Procedure for Fixation of Mesne Profits in India

2025 Supreme(Online)(Kar) 20804

Order 20 Rule 12 enables the Court to pass a decree for both past and future mesne profits but there are important distinctions in the procedure for the enforcement of the two claims. ... It is held in one of the decisions that, “Order XX Rule 12 enables the court to pass a decree for both past and future mesne profits, but, there are important distinctions in the procedure for the enfor....

2023 0 Supreme(P&H) 998

In this backdrop, thus taking into consideration the documents, so relied upon by both the sides, as well as the location of the demised premises and also considering the circumstances, spelt forth, this Court is of the opinion that fixation of Rs.85,000/- per month, as mesne profits, is appropriate ... Anil Syal, 2015(31) RCR (Civil) 509, it is submitted that while fixing the amount of mesne profits, the....

2025 0 Supreme(SC) 961

Therefore, slight reduction in the rate of mesne profits from Rs. 183/- to Rs. 160/- would meet the ends of justice. ... The application for mesne profits, as the order of the Small Causes Court itself reflects, took 11 years and more to decide. ... Entitlement to mesne profits is thus clearly established. Having given our attention to the case record, we find no reason to interfere with....

2023 0 Supreme(P&H) 2781

Thus, taking into consideration the aforesaid circumstances and more particularly, the location of the shop, in Model Town, adjoining Punjab and Sind Bank, in city like Jalandhar, which has other shops in the vicinity, the fixation of mesne profits, has to be taken into consideration, while considering ... The aforesaid case law do indicate that the Courts have to draw a balance between two competing claims, by fixing mesne#HL_END....

2024 0 Supreme(Pat) 898

mesne profits from the year 1986 to 2005. ... for both past and future mesne profits. ... Rather the learned trial court held that plaintiff is entitled for mesne profits for which he can obtain an order in accordance with law. But the decree holder, without proper adjudication on the point of mesne profits, filed an execution case for recovery of poss....

2024 0 Supreme(Bom) 102

of mesne profits being limited to a period of three years preceding the application for inquiry into mesne profits. ... The facts of that case were that in the eviction suit of 1983, there was no claim for past or future mesne profits and as such there was no decree in respect of the past mesne profits or an inquiry into the future mesne#HL_E....

Delhi

of clause in the registered lease deed whereunder the appellants/defendants had agreed to pay mesne profits @ Rs.50,000/- per day. ... profits. ... Though the counsel for the respondent/plaintiff has no instructions to agree to reduction in the rate at which mesne profits had been decreed and seeks time therefor, but the need to keep the matter pending therefor, is not felt. ... Accordingly, though this a....

2023 0 Supreme(P&H) 1337

The Appellate Court assessed the mesne profits @ Rs.90,000/- per month from the date of ejectment order and operation of the ejectment order has been stayed subject to the payment of arrears of mesne profits and future mesne profits at the same rate by 10th of every month. ... The learned Appellate Authority assessed the mesne profits at very high rate....

fresh action can be brought for the recovery of the same mesne profits. ... The argument is that mesne profits are allowed by our Courts under section 196 of the Civil Procedure Code, and as that section vests a discretion in the Court on the question of allowing mesne profits, the express or tacit disallowance by the Court of mesne profits accruing a....

2024 0 Supreme(P&H) 1215

Satwant Kaur and thus, no mesne profits were required to be paid to the petitioner herein. ... Accordingly, the impugned order dated 18.05.2024 is hereby modified, thereby assessing the mesne profits @ Rs.31,500/- per month. ... The time for payment of total outstanding arrears towards mesne profits is extended upto 31.08.2024 and further till disposal of the appeal, payment of #HL_START....

2019 0 Supreme(P&H) 3069

The other co-owners have also filed applications for fixation of the mesne profits. Learned counsel contends that the object of fixation of mesne profits is to ensure that no prejudice is caused to the landlord by the action of the tenants in trying to delay the proceedings. Mr. Raman Mahajan, Advocate for the petitioners submits that the appeal itself be directed to be heard by the learned Appellate Authority at the earliest and there should be no insistence on the deposit o....

2019 0 Supreme(Del) 2159

Sushil Mohini Gupta and Others, (2014) 140 DRJ 595. The principles to be considered for fixation of mesne profits, one may look at Suman Verma and Others vs.

2016 0 Supreme(Del) 18

Therefore, in the absence of the same, it could not be held that the observations passed by the learned Civil Judge fixing up the mesne profits @ Rs.16/- per sq. ft./per month was purely based on conjecture and surmise. There is inherent guess work to be involved in every case of fixation of mesne profits and there can rarely be a foolproof case where the exact amount of mesne profits can be determined by the Court.

2012 0 Supreme(Mad) 4024

(b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; (i) the delivery of possession to the decree-holder, (c) directing an inquiry as to rent or mesne profits from the institution of the suit until- (ba) for the mesne profits or directing an inquiry as to such mesne profits

2011 0 Supreme(All) 351

(b) for the rent which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; (b-a) for the mesne profits or directing an inquiry as to such mesne profits.