Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In the complex world of landlord-tenant disputes, eviction suits often involve claims for unpaid rent, damages, or mesne profits. But what happens when a tenant holds over after their tenancy ends—a tenant by sufferance? Can the landlord demand mesne profits (essentially compensation for use and occupation at market rates) covering the period from the date of institution of the suit until the date of the decree? This is a common question that trips up many landlords.
Generally speaking, the answer is no. Mesne profits require proof of wrongful possession, which typically doesn't arise until an eviction decree is passed. Until then, the tenant's possession is considered lawful, especially under rent control laws. This post breaks down the legal principles, key court rulings, exceptions, and practical advice to help you navigate this issue. Note: This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for your case.
Mesne profits are defined under Section 2(12) of the Code of Civil Procedure (CPC), 1908, as those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom. Union of India, Through Defence Secretary, Ministry of Defence, New Delhi VS Rustom Sam Boyce, (Adult) - 2024 0 Supreme(Bom) 701 The key trigger? Wrongful possession.
A tenant by sufferance is someone who continues in possession after title has ended without statutory authority. Bijay Kumar Manish Kumar HUF VS Ashwin Bhanulal Desai - 2024 5 Supreme 96 Think of a tenant whose lease expires but who refuses to vacate. They aren't a trespasser yet—their possession remains lawful until a court decree terminates it.
In eviction suits, landlords cannot successfully pray for mesne profits from the suit's institution date to the decree date. Why? Because the tenant's possession isn't wrongful during the suit's pendency.
A landmark ruling clarifies: Since possession of the Applicants-Defendants of the suit premises till passing of the decree was not wrongful within the meaning of Section 2(12) of the Code, mesne profits could not have been directed to be paid from the date of institution of the suit. Possession ... became wrongful only on the date of passing of the decree. Union of India, Through Defence Secretary, Ministry of Defence, New Delhi VS Rustom Sam Boyce, (Adult) - 2024 0 Supreme(Bom) 701
Instead, for the pre-decree period, landlords can claim rent arrears or use-and-occupation charges at the contractual rate—not market-rate mesne profits. Post-decree, when the right to possession ends, mesne profits kick in: Tenants shall be liable to pay a rent equivalent to mesne profit from the date they are found not to be entitled to retain possession. Bijay Kumar Manish Kumar HUF VS Ashwin Bhanulal Desai - 2024 5 Supreme 96
This aligns with Order XX Rule 12 CPC, which allows courts to inquire into mesne profits in possession suits, but the inquiry typically starts from the decree date. After passing decree of eviction tenancy terminates and from said date landlord is entitled for mesne profits. Martin & Harris Private Limited VS Rajendra Mehta - 2022 6 Supreme 394
Courts consistently emphasize the decree as the turning point:- Post-decree liability: On passing decree for eviction by a competent Court, tenant is liable to pay mesne profit or compensation for use and occupation of premises at same rate at which landlord would have able to let out premises. Martin & Harris Private Limited VS Rajendra Mehta - 2022 6 Supreme 394- Pendente lite claims: During trial, courts award rent, not mesne profits. Even if eviction is dismissed, pendente lite rent from suit date is possible since tenant status persists. Chironjilal Phulchand VS Ghanshyam Das Sharma - 1983 0 Supreme(MP) 139- Appellate stage: Under Order XLI Rule 5 CPC, courts direct mesne profits post-decree during appeals. Heera Traders VS Kamla Jain - 2022 0 Supreme(SC) 208
Other cases reinforce this:- In a valuation dispute, inflated mesne profit claims pre-decree were rejected as improper for statutory tenants. Kausick Auddy VS Uday Shah - 2023 Supreme(Cal) 1470- Courts may ascertain mesne rates via inquiry under Order XX Rule 12, but from the date of unauthorized possession, often post-decree. The Court can even ascertain the rate of mesne profit on the basis of evidence/material brought on record. Sandeep VS Fateh Singh - 2016 Supreme(P&H) 2107- Procedural lapses, like late document production in eviction suits claiming mesne from suit date, lead to exclusions. Amulya Kumar Singh Son of Raghubans Kumar Singh VS Marwari Relief Society - 2018 Supreme(Jhk) 285
While the general rule holds, watch for these nuances:- Post-decree or stayed execution: Mesne profits are claimable from decree date, even if execution is stayed—often at market rent. Martin & Harris Private Limited VS Rajendra Mehta - 2022 6 Supreme 394Heera Traders VS Kamla Jain - 2022 0 Supreme(SC) 208- Rent control acts: Statutory tenants (e.g., under MP Accommodation Control Act) enjoy protection until decree. Section 13 mandates pendente lite rent deposits, not mesne. Heera Traders VS Kamla Jain - 2022 0 Supreme(SC) 208- Damages akin to mesne: Some courts award pendente lite damages for default, but these are distinct from strict mesne profits. Chironjilal Phulchand VS Ghanshyam Das Sharma - 1983 0 Supreme(MP) 139- Relinquishment or payment: If mesne was claimed/relinquished earlier or tenant pays rent pendente lite, fresh claims may be barred. Raptakos, Brett & Co. Ltd. VS Ganesh Property - 2017 0 Supreme(SC) 913Kalidas Chunilal Patel (Dead) by L. Rs. VS Savitaben - 2016 6 Supreme 117- Overvaluation risks: Claiming excessive pre-decree mesne can lead to plaint rejection for lack of jurisdiction. Kausick Auddy VS Uday Shah - 2023 Supreme(Cal) 1470
In one appeal, courts modified mesne post-decree while granting vacate time, stressing timely payments. Ghanshyamdan vs Subhash Khatri - 2025 Supreme(Raj) 185
To avoid claim rejections:1. Separate claims: Pray for rent arrears/damages pendente lite and specify mesne profits post-decree in your eviction plaint.2. Seek provisional relief: Under rent acts (e.g., Section 13 MP Act), request rent deposit orders during suit.3. Post-decree action: After decree, apply for Order XX Rule 12 inquiry from decree date.4. Avoid conflation: Don't label pre-decree claims as mesne—courts will strike them down. Damages/mesne profit can certainly be awarded at the rate, more than agreed rate of rent—from decree passed by trial Court. ABHA KAK VS BEC FERTILISERS CO. LTD. THROUGH COMPETENT OFFICER - 2013 0 Supreme(Chh) 2435. Document everything: Prove defaults, but recognize lawful possession pre-decree.
Independent suits for pre-decree mesne are often barred if possession wasn't wrongful. Union of India, Through Defence Secretary, Ministry of Defence, New Delhi VS Rustom Sam Boyce, (Adult) - 2024 0 Supreme(Bom) 701
Navigating eviction suits demands precision. While precedents like those cited provide clarity, outcomes vary by facts and jurisdiction. For tailored guidance, reach out to a local property law expert.
References: This post draws from cited case IDs including Union of India, Through Defence Secretary, Ministry of Defence, New Delhi VS Rustom Sam Boyce, (Adult) - 2024 0 Supreme(Bom) 701, Bijay Kumar Manish Kumar HUF VS Ashwin Bhanulal Desai - 2024 5 Supreme 96, Martin & Harris Private Limited VS Rajendra Mehta - 2022 6 Supreme 394, Heera Traders VS Kamla Jain - 2022 0 Supreme(SC) 208, ABHA KAK VS BEC FERTILISERS CO. LTD. THROUGH COMPETENT OFFICER - 2013 0 Supreme(Chh) 243, Chironjilal Phulchand VS Ghanshyam Das Sharma - 1983 0 Supreme(MP) 139, Ghanshyamdan vs Subhash Khatri - 2025 Supreme(Raj) 185, Kausick Auddy VS Uday Shah - 2023 Supreme(Cal) 1470, Amulya Kumar Singh Son of Raghubans Kumar Singh VS Marwari Relief Society - 2018 Supreme(Jhk) 285, Sandeep VS Fateh Singh - 2016 Supreme(P&H) 2107. Full judgments available via legal databases.
#MesneProfits #EvictionLaw #LandlordTenant
Landlord-tenant disputes often make their way to this Court, and obviously, the payment of rent/mesne profit/occupation charges/damages becomes, more often than not a matter of high contest. ... x x x x (v) If the present and prevalent market rent assessed and fixed between the parties is paid by the tenant then the landlord shall not be entitled to bring any action for his eviction#HL_....
Since possession of the Applicants- Defendants of the suit premises till passing of the decree was not wrongful within the meaning of Section 2(12) of the Code, mesne profits could not have been directed to be paid from the date of institution of the suit. ... Secondly, if tenant continues to be in lawful possession of the suit premises till the date#H....
Such decree for payment of mesne-profit may either be from date of decree till date of recovery of suit property or it may be from date of institution of suit till recovery of suit property. 13. ... to be paid at the last paid rent either on account of rent or on account of damages or on acc....
The Plaintiffs in this case are claiming mesne profit from the date of filing of suit, i.e., 06.08.2015 till possession, i.e., 17.07.2018, at the rate of Rs.2,00,000/- per month along with interest @ 15% p.a. ... Section 196 of Act 8 of 1859 empowered the Court in a suit for land or other property paying rent to pass a decree for mesne profits from the date of the suit until the date#HL....
On 05.01.2015, a notice for eviction was sent to the plaintiff/respondent to the bank but bank had not vacated the suit premises, thereafter, the suit was filed in the year 2018 for eviction and mesne profit/ lease rent at a rate of ₹1,50,000/- per month. ... But a tenant at sufferance is not a tenant by holding over. While a tenant at sufferance#HL_EN....
Learned advocate appearing for the defendant has contended that, since the Court does not have pecuniary jurisdiction to try, entertain and determine the present suit, the learned Single Judge had erred in passing a decree for eviction and for calculation of the mesne profit. ... It has also held that, the tenant at sufferance is not a tenant by holding over. While a tenant at sufferanc....
Since possession of the Applicants- Defendants of the suit premises till passing of the decree was not wrongful within the meaning of Section 2(12) of the Code, mesne profits could not have been directed to be paid from the date of institution of the suit. ... Secondly, if tenant continues to be in lawful possession of the suit premises till the date#H....
Since possession of the Applicants- Defendants of the suit premises till passing of the decree was not wrongful within the meaning of Section 2(12) of the Code, mesne profits could not have been directed to be paid from the date of institution of the suit. ... as to the rent or mesne profits from the date of institution of the suit#HL....
The appellant-defendant-tenant shall also clear all the arrears of rent, if any, and mesne profit and pay the same to the respondent-plaintiff-landlord within three months from today, if not paid till date, otherwise the same will bear interest @9% per annum. 7. ... of mesne profit) passed by the Senior Civil Judge, Naukha, District Bikaner in Civil Original Suit No.32/2021 decre....
months’ rent immediately preceding the date of institution of the suit, the mesne profit, arrears of rent. ... Thus the 12 months rent @ 2310/month, mesne profit of Rs.3,30,000/- and arrears of rent will not take the suit value beyond Rs.5,00,000/-. The instant suit, therefore, is overvalued and this Court does not have the ju....
2. Eviction Title Suit No. 05 of 1991 was instituted for a decree of eviction of the defendant from the suit property and a decree for Rs. 22,464/- as arrears of maintenance charges as well as mesne profit @ Rs. 3000/- per month from the date of institution of the suit till ejection of the defendant. Thereafter, an application was filed on 27.08.2010 for producing original application dated 04.08.1982, advocate’s notice dated 19.08.1987 and registration receipt dated 19.08.1997. In the pending suit the plaintiff filed an application for reconstruction of the records, howeve....
It is averred in the plaint that the above said rent was paid up to the period of 31.8.2011 but thereafter same was due and not paid from 1.9.2011 till 30.11.2014 despite raising demand at several times and receiving registered notice sent by the plaintiff on 10.9.2014 prior to filing of the suit. In view of the above facts, the vacant possession of the suit shop with arrears of rent and mesne profit was prayed for by passing a decree for eviction against the defendant-tenant.
It can also direct an enquiry to ascertain the rent or mesne profit from the date of institution of the suit till the delivery of possession. The purpose of holding the enquiry is to ascertain the reasonable rate of mesne profit. As per Order 20 Rule 12 CPC, where a suit is filed for recovery of possession of immovable property and for rent or mesne profit, the Court may pass a decree for possession of the property as well as for recovery of rent and mesne profit. No specific form of enquiry has been prescribed in the provisions of Order 20 Rule 12 CPC.
It is further pleaded that on a complaint made by the appellant/defendant No. 3, the said house was sealed by direct or indirect order of defendants No. 2, 4 to 8 and from November, 1993 till May 1998, the police guard was regularly deputed. Hence plaintiff prayed by filing the civil suit that the defendants be directed to pay jointly and severely arrears of rent of Rs. 87,000/- and Rs. 21,000/- as mesne profit from 1-12-1997 till the date of presentation of suit and also to pay Rs. 200/- per day as mesne profit from the filing of the suit till date of eviction of defendants.#HL_EN....
Apart from the decree of eviction, the plaintiff has prayed a decree of mesne profit with effect from 1.7.1986 upto date @ 250/- per day amounting to Rs. 25,500/- till the date of the filing of the suit and the future mesne profit from the date of the filing of the suit till the defendants are actually evicted in due course of law. On going through the pleadings made in para 5 of the plaint, it is gathered that the lease came to an end on 30.6.1986 and thereafter according to the plaintiff she is claiming mesne profit at Rs. 250/- per day on the basis of actual profits rece....
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