Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Proceedings awarding mesne profits are null if the original order or decree is itself null or void. Several cases emphasize that if the initial decree or order is a nullity, subsequent proceedings or awards of mesne profits based on that decree are also invalid ["Satyawan Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 0 Supreme(Bom) 352"], ["Ebrahim VS Cheriyan - Kerala"], ["SEEMA THAKUR Vs UNION OF INDIA AND ORS - Delhi"].
The application of Order 20, Rule 12 of the Civil Procedure Code (CPC) is crucial in mesne profits proceedings. Courts have clarified that mesne profits are to be ascertained either in the original decree or through subsequent proceedings initiated properly; proceedings in execution to determine mesne profits are valid only if the original decree is valid. If the original decree is a nullity, the proceedings to award mesne profits are also invalid ["Satyawan Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 0 Supreme(Bom) 352"], ["Kamala Kanta Roy VS Monaraddi - Calcutta"], ["Kemgam Swamy VS Vaddadi Subbamma - Madras"].
When an original decree is declared null and void, any subsequent order awarding mesne profits based on that decree is also considered null and void. For example, one court held that the decree being a nullity, no final decree can be passed under Order 20, Rule 12, and therefore, the order awarding mesne profits was liable to be set aside ["Satyawan Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 0 Supreme(Bom) 352"], ["Ebrahim VS Cheriyan - Kerala"].
In cases where the decree or order for mesne profits is made without proper jurisdiction or in contravention of legal provisions, such orders are not valid. An order made in excess of jurisdiction or contrary to statutory requirements can be challenged and may be declared null ["Kemgam Swamy VS Vaddadi Subbamma - Madras"], ["BAL RAM vs BHANI RAM and ANR - Rajasthan"].
The main insight is that proceedings or awards of mesne profits are inherently dependent on the validity of the original decree. If the initial order is null, the subsequent proceedings or awards are also null, and thus, the proceedings awarding mesne profits are not valid in such circumstances ["Satyawan Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 0 Supreme(Bom) 352"], ["SEEMA THAKUR Vs UNION OF INDIA AND ORS - Delhi"], ["Kamala Kanta Roy VS Monaraddi - Calcutta"].
Analysis and Conclusion:The consensus across the cited cases is that the proceedings awarding mesne profits are null and void if the underlying order or decree is itself null or void. The legal framework emphasizes that mesne profits are to be awarded based on valid, enforceable decrees. When the original decree is declared null, any subsequent proceedings or awards derived from it lack legal validity, rendering the proceedings null. Therefore, the proceedings awarding mesne profits are automatically null if the order allotting land or the initial decree is null, aligning with the principle that mesne profits depend on the validity of the original decree ["Satyawan Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 0 Supreme(Bom) 352"], ["Ebrahim VS Cheriyan - Kerala"], ["SEEMA THAKUR Vs UNION OF INDIA AND ORS - Delhi"].
In property disputes, landowners and occupants often clash over possession, title, and compensation. One common remedy sought is mesne profits—damages for wrongful occupation of property. But what happens when the underlying land allotment or transfer order is declared a nullity? Does this automatically invalidate proceedings awarding mesne profits?
This question arises frequently in Indian courts: the proceedings awarding mesne profits is null if the order allotting land is nullity. Generally, the answer is no. Mesne profits awards stand on their own if the proceedings were properly initiated and based on valid possession claims, not solely on the flawed land order. This post breaks down the legal principles, key case law, and practical insights to help you navigate such complexities.
Disclaimer: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
Mesne profits compensate for the loss suffered by a rightful owner due to another's unlawful possession. They cover profits the owner could have earned during the wrongful occupation, akin to rent or actual gains derived from the property.
As defined in legal precedents, mesne profits require proof of wrongful possession. Mesne profits are typically awarded in proceedings where a party is unlawfully in possession of property. They are meant to compensate for wrongful occupation and are often based on the possession status and the lawful entitlement to possession Ganapati Madhav Sawant(dead)Through his Lrs. VS Dattur Madhav Sawant - 2008 1 Supreme 409.
Under Order 20 Rule 12 of the Code of Civil Procedure (CPC), courts can direct an inquiry into mesne profits after a decree for possession, but typically limited to three years unless specified otherwise Narayan Hari Naik VS Inacio Martins, son of Sebastiao Martins, since deceased,through his legal representatives and others - 1991 Supreme(Bom) 200.
A null land allotment order—due to procedural flaws, lack of authority, or fraud—invalidates title or ownership claims stemming from it. However, mesne profits proceedings are consequential reliefs tied to possession, not always title.
Main Legal Finding: Proceedings awarding mesne profits are generally not rendered null solely because the land allotment or transfer is a nullity, provided the mesne profits order stems from valid proceedings Patel Naranbhai Marghabhai VS Deceased Dhulabhaigalbabhaj - 1992 0 Supreme(SC) 433.
Key reasons:- Mesne profits depend on unlawful possession, assessable independently.- Validity hinges on proper initiation, pleading, and conduct of the mesne profits suit.- Nullity of the land order affects title but not necessarily possession-based claims.
For instance, If the proceedings for mesne profits are initiated and conducted in accordance with law, and the claim is properly pleaded, the order awarding mesne profits is not automatically null because the land transfer or allotment order is null Patel Naranbhai Marghabhai VS Deceased Dhulabhaigalbabhaj - 1992 0 Supreme(SC) 433.
Indian courts have clarified this in multiple judgments:
Even where decrees are challenged as nullities, courts distinguish: The original decree being a nullity, no final decree can be passed under Order 20, Rule 12... Hence, the order dated 14-12-1982 awarding mesne profits is liable to be set aside Satyawan son of Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 Supreme(Bom) 357. But this applies only if the mesne profits decree directly relies on the null original.
Mesne profits appear in diverse scenarios, reinforcing their independent validity:
In partition disputes, mesne profits differ from standard awards. It is, however, well settled that Rule 12 cannot at all apply to partition suit and the profits to be accounted for are not mesne profits Mishrilal VS Nathoo - 1998 Supreme(MP) 28MISHRILAL VS NATHU - 1998 Supreme(MP) 24. Instead, under Order 20 Rule 18 CPC, co-sharers get accounts up to delivery of possession, not limited to three years. Null marriages or legitimacy issues don't automatically void such claims if possession is established Mishrilal VS Nathoo - 1998 Supreme(MP) 28.
Revenue mutations without title don't confer rights: Without any title, entries in revenue record—cannot confer title upon party—revenue entries are always subject to civil adjudication Ramavtar Gupta VS Nidhani (Dead) through LRs Sherbahadur - 2020 Supreme(MP) 469. Mesne profits require proven wrongful possession, absent in acquisition beyond statutory limits Deputy General Manager VS Rabari Baldevbhai Jakshibhai - 2014 Supreme(Guj) 262Deputy General Manager VS Rathod Gobarji Bhawanjibari - 2014 Supreme(Guj) 260.
Fraud vitiates proceedings: Suit and execution proceedings are a nullity—Court auction sale is null and void ab initio Dr. T. Vijayendradas & Another VS M. Subramanian & Others - 2006 Supreme(Mad) 961. Yet, mesne profits awards exceeding three years without jurisdiction are partial nullities Narayan Hari Naik VS Inacio Martins, son of Sebastiao Martins, since deceased,through his legal representatives and others - 1991 Supreme(Bom) 200: The awarding of the mesne profits... of more than 3 years is manifestly an error of jurisdiction thus rendering the decree, in this part, a nullity.
Leases by minors are void, but actions for declaration, ejectment, and mesne profits proceed: Lease by a minor—Is lease void or voidable—Action for declaration that lease was null and void and mesne profits FERNANDO et al v. FERNANDO.
These cases show mesne profits' resilience unless directly tethered to the null element.
Mesne profits proceedings may be null if:- Solely founded on the null land order, with no independent possession basis Shankar VS Bhaurao - 2011 0 Supreme(Bom) 1536.- Not properly pleaded or prayed for in the suit.- Exceed jurisdictional limits, like beyond three years without cause Narayan Hari Naik VS Inacio Martins, son of Sebastiao Martins, since deceased,through his legal representatives and others - 1991 Supreme(Bom) 200.- In partition suits misapplying Order 20 Rule 12 Mishrilal VS Nathoo - 1998 Supreme(MP) 28.
Even on plain reading... wrongful possession is very essential for mesne profits Deputy General Manager VS Rabari Baldevbhai Jakshibhai - 2014 Supreme(Guj) 262. Without it, no award.
Legal practitioners should verify if claims rest on void transfers or standalone wrongs.
Generally, a null land allotment order does not automatically nullify mesne profits proceedings if they are procedurally valid and possession-based Patel Naranbhai Marghabhai VS Deceased Dhulabhaigalbabhaj - 1992 0 Supreme(SC) 433. Their fate depends on independent merits, not upstream title flaws.
Key Takeaways:- Focus on pleading and wrongful possession proof.- Distinguish title from possession remedies.- Heed CPC limits to avoid partial nullities.
Property litigation demands precision. Stay informed, but always consult professionals for tailored guidance.
References:- Patel Naranbhai Marghabhai VS Deceased Dhulabhaigalbabhaj - 1992 0 Supreme(SC) 433, Ganapati Madhav Sawant(dead)Through his Lrs. VS Dattur Madhav Sawant - 2008 1 Supreme 409, Shankar VS Bhaurao - 2011 0 Supreme(Bom) 1536, Satyawan Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 0 Supreme(Bom) 352, Satyawan son of Harnamdas Bhatia VS Santok Singh s/o Sardar Surjan Singh Jolly & another - 1987 Supreme(Bom) 357, Mishrilal VS Nathoo - 1998 Supreme(MP) 28, MISHRILAL VS NATHU - 1998 Supreme(MP) 24, Ramavtar Gupta VS Nidhani (Dead) through LRs Sherbahadur - 2020 Supreme(MP) 469, Deputy General Manager VS Rabari Baldevbhai Jakshibhai - 2014 Supreme(Guj) 262, Narayan Hari Naik VS Inacio Martins, son of Sebastiao Martins, since deceased,through his legal representatives and others - 1991 Supreme(Bom) 200, FERNANDO et al v. FERNANDO, Dr. T. Vijayendradas & Another VS M. Subramanian & Others - 2006 Supreme(Mad) 961
#MesneProfits #LandLaw #PropertyDisputes
- This was an action for a declaration that a lease made by the first plaintiff was null and void; for a declaration of title to the land leased; for ejectment; and for mesne profits. ... Lease by a minor-Is lease void or voidable-Action for declaration that least was null and void and mesne profits-Claim by defendant for refund of rent-Prescription. Land was leased by a minor to raise money for her marriage. ... The appeal, therefore, was c....
The applicant-defendant further proposed to urge that the original decree being a nullity, no final decree can be passed under Order 20, Rule 12 of the Code. Hence, the order dated 14-12-1982 awarding mesne profits is liable to be set aside. ... Mehadia, the appeal against the order determining mesne profits, which is a final decree, is a continuation of the original suit proceedings for a decree of eviction, posse....
The applicant-defendant further proposed to urge that the original decree being a nullity, no final decree can be passed under Order 20, Rule 12 of the Code. Hence, the order dated 14-12-1982 awarding mesne profits is liable to be set aside. ... Mehadia, the appeal against the order determining mesne profits, which is a final decree, is a continuation of the original suit proceedings for a decree of eviction, poss....
The court below was therefore justified in awarding as mesne profits only 115 paras of paddy a year which was admitted by the defendants. The further question is whether the plaintiff should not be allowed future mesne profits from the date of suit. ... The respondent filed a memorandum of objection claiming mesne profits at the rate of 150 paras of paddy per annum. The court below did not allow mesne profits from the date of suit. ....
The two Courts below seems to have applied provision of Or. 20 R. 12 Code of Code of Civil Procedure in the matter of awardment of mesne profits. It is, however, well settled that Rule 12 cannot at all apply to partition suit and the profits to be accounted for are not mesne profits. ... The claim as to mesne profits was left to be decided after enquiry under Or. 20 R. 12 Code of Code of Civil Procedure and it was directed that the mesne pr....
It is, however, well settled that Rule 12 cannot at all apply to a partition suit and the profits to be accounted for are not mesne profits. A partition suit is covered by Order 20 Rule 18 cpc. ... The claim as to mesne profits was left to be decided after, enquiry under order 20 Rule 12 CPC and it was directed that the mense profits shall be restricted for a period from the date of the passing of the decree till delivery of possession or 3 years whi....
The next argument is that even if we read an implied direction awarding mesne profits in this portion of the decree, it cannot be given any effect as the Subordinate Judge has no jurisdiction to make a decree directing the determination of mesne profits in execution proceedings. ... Though the Subordinate judges order is not in conformity with the provisions of Order 20, Rule 12 of the present Code, it cannot be said that for that reason that portion....
The decree of mesne profits of Rs. 7,50,000/- till the date of institution of the present suit, 8. ... The decree of mesne profits @ Rs. 15,000/- per month for future and pendentelite mesne profits against defendant Nos. 3 and 4 or any other person/entity claiming through defendant Nos. 3 and 4 with respect to the suit property (situated at 18/50, East Patel Nagar Market, New Delhi), 9. ... and null and void in the eye of law and hence may be directed as cancelled, 2.....
The decree of mesne profits @ Rs. 15,000/- per month for future and pendentelite mesne profits against defendant Nos. 3 and 4 or any other person/entity claiming through defendant Nos. 3 and 4 with respect to the suit property (situated at 18/50, East Patel Nagar Market, New Delhi), ... 8. ... The plaintiff and her attorney later filed a petition for review (review petition No. 222/2016) with specific reference to the directions in the order dated 19.8.2015 about initiation of criminal proceed....
. - This appeal arisen out of a suit for recovery of possession of a certain parcel or parcels of land and for mesne profits. ... (N.S.) 534 it is contended that further proceedings for the purpose of ascertaining mesne profits can be taken only by way of a fresh suit and that the present application for ascertainment of mesne profits is not such a suit. ... That order being set aside, it follows that there is no bar to the entertai....
As defendants defied the title of the plaintiff, therefore, she has filed the instant suit for declaration that the revenue entries are null and void and for possession of suit land with mesne profits. Plaintiff came to know about the same on 10.12.1999, and thereafter, obtained certified copies of revenue entries / documents on 14.10.1999.
Even on plain reading of definition of Section 2(12) of the Act, it is clear that wrongful possession is very essential for mesne profits. Therefore, unless on facts and on leading proper evidence, it is held that ONGC is in wrongful possession of the lands in question, there is no question of awarding any mesne profits. Therefore, the contention and submission on behalf of the claimants that the amount awarded by the Reference Court beyond period of three years be treated as mesne profits cannot be accepted as the same would be without jurisdiction and even beyond the scop....
Even on plain reading of definition of Section 2(12) of the Act, it is clear that wrongful possession is very essential for mesne profits. Therefore, unless on facts and on leading proper evidence, it is held that ONGC is in wrongful possession of the lands in question, there is no question of awarding any mesne profits. Therefore, the contention and submission on behalf of the claimants that the amount awarded by the Reference Court beyond period of three years be treated as mesne profits cannot be accepted as the same would be without jurisdiction and even beyond the scop....
In Kairajmal V. Daim (ILR 32 Calcutta 296) the Privy Council observed as follows:-"Their Lordships agree that the sales cannot be treated as void or now be avoided on the grounds of any mere irregularities of procedure in obtaining the decrees or in the execution of them. It has been repeatedly held that if an execution proceedings taken against a property without impleading the owner of the property, as a party thereof, the proceedings are null and void and any sale held in such execution is a nullity. But, on the other hand the court had no jurisdiction to sell the proper....
Therefore, the awarding of the mesne profits by the learned trial Judge of more than 3 years is manifestly an error of jurisdiction thus rendering the decree, in this part, a nullity. Hence the right of the decree-holder to recover future mesne profits should be restricted to three years from the date of the decree inspite of the provision in the decree directing enquiry as to mesne profits till recovery of possession of the property by the decree-holder.
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
