AI Overview...
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Mesne Profits - Definition and Calculation: Mesne profits refer to the profits received by a wrongful possessor of property from the time of wrongful possession until eviction or possession recovery. They are calculated based on the income generated from the property during this period. Courts determine mesne profits by assessing the actual profits earned, often referencing the rent or use and occupation charges Dayal Sons VS Rai Sahib Puran Mall Trust - Himachal Pradesh, Previn Govind Sharma VS Dinyar Jal Jamshedji - Bombay.
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Legal Framework and Principles: The determination of mesne profits is guided by provisions of the Civil Procedure Code (CPC), particularly Order 20 Rule 12, which allows for interim profits, and Order 41 Rule 5, which relates to interim compensation. Courts also consider relevant judgments to establish the basis for calculating profits and ensure proper legal compliance Previn Govind Sharma VS Dinyar Jal Jamshedji - Bombay.
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Factors Considered in Calculation: Courts examine evidence of actual profits, rent received, or use and occupation charges. In cases of wrongful possession post-eviction, the profits are assessed from the date of wrongful possession up to the date of eviction or decree. The legitimacy of claims depends on proper court sales, eviction notices, and adherence to procedural rules KALIANIKUTTY vs KANNADATH PAVITHRAN - Kerala, Shree Technologies Dwarakanagar VS J. Vishnuvardhan Rao So Raghavendra Rao, Hindu - Andhra Pradesh.
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Role of Court Orders and Judgments: Proper compliance with procedural provisions, such as Order 41 Rule 31, is crucial in determining mesne profits. Courts scrutinize whether the procedures for eviction and claims for mesne profits were followed correctly, including the validity of court sales and possession certificates Bharatkumar Dhanajibhai Kuber VS Markand Umedlal Joshi - Gujarat, BHARATKUMAR DHANAJIBHAI KUBER vs MARKAND UMEDLAL JOSHI - Gujarat.
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Claims for Future Mesne Profits: Claims for mesne profits that are future-oriented are generally not barred by procedural rules such as Order II Rule 2 of CPC, provided they relate to wrongful possession after the initial eviction or termination of license. Courts distinguish between past and future profits based on the nature of the claim K MANOHARAN vs K KANNAN - Kerala.
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Legal Precedents and Case Law: Supreme Court and High Court decisions emphasize the importance of proper evidence preservation, procedural compliance, and accurate assessment of profits. For example, the Supreme Court in the Madurai case highlighted the need for substantial compliance with procedural provisions when determining mesne profits SMT R JAYAMMA W/O LATE JAYARAMA RAJU vs SRI A M NARAYANASWAMY RAJU - Karnataka, U. P. GANDHI SMARAK NIDHI VS AZIZ MIAN - Allahabad.
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Summary: To determine mesne profits during eviction lawsuits, courts assess actual profits received during wrongful possession, ensure procedural compliance, and consider relevant legal principles and evidence. Proper calculation involves analyzing rent, use and occupation charges, and adherence to procedural rules, with judicial discretion guided by precedent and statutory provisions.
References:
- Dayal Sons VS Rai Sahib Puran Mall Trust - Himachal Pradesh, Previn Govind Sharma VS Dinyar Jal Jamshedji - Bombay, KALIANIKUTTY vs KANNADATH PAVITHRAN - Kerala, K MANOHARAN vs K KANNAN - Kerala, Bharatkumar Dhanajibhai Kuber VS Markand Umedlal Joshi - Gujarat, Shree Technologies Dwarakanagar VS J. Vishnuvardhan Rao So Raghavendra Rao, Hindu - Andhra Pradesh, U. P. GANDHI SMARAK NIDHI VS AZIZ MIAN - Allahabad, SMT R JAYAMMA W/O LATE JAYARAMA RAJU vs SRI A M NARAYANASWAMY RAJU - Karnataka, M/S SHREE TECHNOLOGIES DWARAKANAGAR vs KARRI LALITHA KUMARI - Andhra Pradesh, BHARATKUMAR DHANAJIBHAI KUBER vs MARKAND UMEDLAL JOSHI - Gujarat
Search Results for "How to Determine Mesne Profits during Eviction Lawsuits"
2019 0 Supreme(HP) 838 • India - Himachal Pradesh
JYOTSNA REWAL DUA
Ratio Decidendi: The court relied on legal principles established in previous judgments to determine that the plaintiff's ... sought recovery of use and occupation charges from the defendant-tenant for occupying the premises after an eviction order. ... Eviction - Use and Occupation Charges - Code of Civil Procedure - Order 7 Rule 11 Fact of the Case: The plaintiff-landlord ... to the second suit for mesne profits or arrears of rent till the decree, the earlier suit will attain finality. ... Normally,....
2019 0 Supreme(Bom) 2022 • India - Bombay
DAMA SESHADRI NAIDU
Mesne Profits - Interim Compensation - Order 41 Rule 5, Order 20 Rule 12 of CPC - The judgment discusses the interim compensation ... profits under Order 20 Rule 12 of CPC. ... profits under Order 20 Rule 12 of CPC. ... Thus, mesne profits are the profits of an estate received by a tenant in wrongful possession between two dates -that is, between the commencement of a lawsuit and its termination. ... Those profits carry interest but....
2013 Supreme(Online)(KER) 24968 • India - High Court of Kerala
S.S.SATHEESACHANDRAN, J
court sales and subsequent purchase certificates in favor of the plaintiff or the defendants were valid, and the legitimacy of eviction ... It determined that the defendants’ claims based on a different court sale were invalid. ... Short facts necessary for disposal of the appeal can be summed up thus:- Plaintiff claimed one half right over the plaint property described as Asarikandiparambu situated in resurvey 149/10 of Cheruvannur amsom , Kozhikode Taluk, seeking partition and allotment of his share with mesne profits ....
2012 Supreme(Online)(KER) 24427 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Recovery of License Fee - Code of Civil Procedure - Order II Rule 2 - The court interpreted the provisions of Order II Rule 2 to determine ... a dispute arose over the recovery of fees and damages for unauthorized use after the license termination, leading to subsequent lawsuits ... Jitmal (supra), it is held that unlike in the case of past mesne profits, a claim as RSA No.360/2009 7 regards future mesne profits could not be said to be barred under Rule 2 of Order II of the Code on acc....
2018 0 Supreme(Guj) 1076 • India - Gujarat
J.B.PARDIWALA
Being dissatisfied with the judgment and decree of eviction, the appellant herein - original defendant preferred Regular Civil Appeal No.51 of 2013 in the District Court at Jamnagar. ... ... (6) Whether the plaintiff is entitled mesne profit? ... (7) What order and decree? ... 5. ... Diocese Of Madurai, (2006) LawSuit(SC) 178, the Supreme Court held as under: ... 8. ... The question whether in a particular case there has been a substantial compliance with the provisions of Order 41 Rule 31 of the Code of Civil Procedure....
2022 0 Supreme(AP) 999 • India - Andhra Pradesh
V. R. K. KRUPA SAGAR
Fact of the Case: The suit involved the eviction of a tenant from the plaint schedule property. ... Judgment on Admissions - Eviction Suit - Order XII Rule 6 C.P.C. - [Transfer of Property Act, 1882, Section 106; Code of Civil ... In the case at hand, the prayer was for eviction of a tenant on the allegation that despite due termination of tenancy, the tenant did not vacate the premises. ... following prayers : “a) Directing the defendant to vacate the plaint schedule property, his men and belongings and put the plaintiffs in vacant pl....
2013 0 Supreme(All) 479 • India - Allahabad
SUDHIR AGARWAL
Therefore evidence should be preserved carefully; if this be done, lawsuits whether relating to immovable or to movable property are sure to succeed. ... 21. ... The pure wealth peculiar to a Kshatriya is of three sorts likewise : what has been obtained in the shape of taxes, by fighting, and by means of the fines declared in lawsuits. ... 54. ... “It seems that the species of dispossession in contemplation was a compulsory eviction; and they meant to provide that, if Hudson should be evicted, not through any fault of his own, he should....
2025 Supreme(Online)(Kar) 33579 • India - Karnataka High Court
S.R.KRISHNA KUMAR, J
Whether the plaintiffs are entitled to mesne profits in respect of suit properties? 4. Whether the plaintiffs are entitled to permanent Injunction against defendants as prayed for in the Suit? 5. What Order is Decree? ... Section 7 deals with eviction of unauthorized holders, which is not relevant for the present case. The rules made under the said Act have been referred to above while referring to the decision of the Division Bench of this Court in the case of MALLESHAPPA YESHWANTAPPA PATIL v. ... He has to also determine#HL_EN....
• India - High Court of Andhra Pradesh - Principlal Bench at Andhra Pradesh
property, his men and belongings and put the plaintiffs in vacant plaint schedule property; b) Directing the defendants to pay the mense profits ... plaintiffs in vacant possession of plaint schedule property within three months of this order; 3. that the plaintiffs are at liberty to file a separate application for ascertaining the mense profits
• India - Gujarat
Being dissatisfied with the judgment and decree of eviction, the appellant herein – original defendant preferred Regular Civil Appeal No.51 of 2013 in the District Court at Jamnagar. ... R.C.Diocese Of Madurai reported in 2006 LawSuit (SC) 178, the Supreme Court held as under:- 8. ... The question whether in a particular case there has been a substantial compliance with the provisions of Order 41 Rule 31 of the Code of Civil Procedure has to be determined on the nature of the judgment delivered in each case. ... It is a well settled law t....
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