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Analysing the retrieved Case Laws
Scanned Judgements…!
Courts have also held that mesne profits can be determined from the date of the suit or the date of wrongful occupation, and amendments can include interest or escalation clauses (2023 0 Supreme(Cal) 1054, 2023 0 Supreme(Raj) 1710).
Analysis and Conclusion
References:- 2023 0 Supreme(Raj) 1172- 2025 0 Supreme(Raj) 185- 2022 0 Supreme(Raj) 1133- 2024 0 Supreme(Pat) 898- 2023 0 Supreme(Cal) 359- 2023 0 Supreme(Cal) 1054- 2023 0 Supreme(Raj) 1710- 2024 0 Supreme(Bom) 102-
KIRI BANDA v. SLEMA LEBBE
- 2023 0 Supreme(Bom) 1455
In property disputes, —compensation for —often become a focal point during appeals. Imagine a respondent seeking to amend their claim for higher after new evidence of rising property values emerges. A common query arises: Respondent Prayer for Amendment in Mesne Profit in Appeal. This post delves into the legal framework, permissibility, and practical considerations under Indian civil procedure, drawing from key judgments.
Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your case.
refer to the profits a person in wrongful possession of property derives from it, which the rightful owner can claim. Courts typically award these in suits for or . Under , courts can direct an inquiry to determine from the suit's institution until possession delivery. 2017 0 Supreme(Raj) 2587 1975 0 Supreme(Ker) 34
As one case notes, courts can pass a decree for in suits for recovery of possession or , and such profits can be determined through an enquiry under . 2017 0 Supreme(Raj) 2587
Respondents may seek amendments to for mesne profit claims in appeals, but success hinges on the suit's . If the original suit is deemed unmaintainable, amendment prayers may be rejected, with courts advising separate suits like partition or . 2013 0 Supreme(MP) 384
Amendments are entertained if relevant and supported by facts. However, claims must be explicitly pleaded; vague or absent prayers often lead to rejection. For instance, this Court does not find the respondent to be entitled for any mesne profit and the prayer for grant of mesne profit is hence, rejected. 2023 0 Supreme(Raj) 1172
In appeals, courts scrutinize whether amendments introduce new causes or merely clarify existing ones. 2023 0 Supreme(Cal) 359 Courts have permitted modifications when original claims were incomplete, especially with evidence of market changes. 2022 0 Supreme(Raj) 1133
Courts hold discretion to enhance if circumstances warrant, such as land value appreciation or inflation. Respondents can pray for upward revisions during appeals. The respondent can seek enhancement of if circumstances justify, such as increased land value or inflation, and courts have the authority to modify the accordingly. 2017 0 Supreme(Raj) 2587
Fresh inquiries are possible if initial assessments were approximate and actual profits exceed claims. 1975 0 Supreme(Ker) 34
Examples from case law:- fixed at Rs.5000/- monthly, increasing 5% yearly during appeal: The amount of mesne profit Rs.5000/- shall increase by 5% every year commencing from during the course of appeal. 2022 0 Supreme(Raj) 1133- Prayer for market-rate adjustment due to inflation: Looking to the inflation of value of money... It is prayed that mesne profit @ 50,000/- per month be fixed during the pendency of the appeal. 2019 0 Supreme(Raj) 3013
In execution or appeal stages, inquiries continue as form a . 2023 0 Supreme(Cal) 1054 Cause of action is a continuing one in a claim for mesne profit. Everyday’s’ unauthorized occupation gives ris... 2023 0 Supreme(Cal) 1054
Interest is typically awardable at 6% per annum on , if supported by decree or evidence. Courts have held that interest can be awarded on , typically at a rate of 6% per annum. 1975 0 Supreme(Ker) 34
This inclusion compensates for delayed possession, forming part of the overall relief. Amendments may seek to incorporate interest explicitly. 1984 0 Supreme(Raj) 100
Not all prayers succeed. Courts reject if:- No or appeal challenges the . Considering the scope of the appeal we cannot go into the question as to whether the decree for mesne profit is justified... in absence of any appeal or a . 2023 0 Supreme(Cal) 359- Lacking evidence or improper survey reports. 2024 0 Supreme(Pat) 898- Filed post-decree without leave under . 2023 0 Supreme(Cal) 1054
Amendments require court discretion, balancing prejudice to the other party. In one appeal, no arrears existed as profits were fixed earlier, impacting prayers. 2023 0 Supreme(Raj) 1710
From sources, effective strategies include:- Clear Prayers: Embed in plaints or appeals, e.g., Prayer clause (c) was for mesne profit against the defendant. 2020 0 Supreme(Bom) 729- Escalation Clauses: Seek annual increases. 2022 0 Supreme(Raj) 1133- Fresh Inquiries: During pendency. 2024 0 Supreme(Pat) 898
Courts recognize adjustments for fairness, as in possession suits with ongoing occupation. 2023 0 Supreme(Bom) 1455 Are the plaintiffs entitled to get mesne profit as prayed? If yes, how much? 2023 0 Supreme(Bom) 1455
Respondents' prayers for amending mesne profit claims in appeals are generally permissible if the suit is maintainable, properly pleaded, and evidence-backed. Courts may enhance quanta, order inquiries, and add interest (typically 6%), reflecting realities like inflation. However, vague claims or procedural lapses lead to denials—emphasizing timely, specific amendments.
Takeaways:- File amendments under CPC frameworks with strong evidence.- Pursue separate suits if original unmaintainable.- Leverage Order XX Rule 12 for inquiries.- Include interest and escalation in prayers.
For property litigants, proactive pleading ensures reflect true losses. Stay informed via evolving case law like 2015 0 Supreme(Raj) 581. Always seek professional counsel.
#MesneProfits #LegalAppeal #PropertyLaw
In view of the overall analysis, this Court does not find the respondent to be entitled for any mesne profit and the prayer for grant of mesne profit is hence, rejected. 20. ... To decide whether the respondent is entitled to mesne profit, an understanding of the basic concept of ‘mesne profit’ is e....
of mesne profit) passed by the Senior Civil Judge, Naukha, District Bikaner in Civil Original Suit No.32/2021 decreeing the suit for eviction, recovery of possession and mesne profit preferred by the respondent-plaintiff-landlord against the appellant-defendant-tenant. ... Learned counsel for the respondent-plaintiff-landlord does not oppose the submissions as made by learned counsel app....
The amount of mesne profits Rs.5000/- commencing 1 st December, 2022 shall be paid be 10th of each month. The amount of mesne profit Rs.5000/- shall increase by 5% every year commencing from 1-12-2022 during the course of appeal. ... profit is determined @ Rs.5000/- payable during the course of first appeal to retain possession by plaintiff as per stay order. ... It has been further subm....
for recovery of possession as well as mesne profit. ... The defendant/petitioner further submitted that the report of Survey Knowing Pleader Commissioner was not based on factual aspect of the matter rather it was a report prepared at table and the decree holder/respondent 1st set was not entitled for mesne profit. ... Briefly stated, the facts of the case are that the respondent no. 1/#....
Considering the scope of the appeal we cannot go into the question as to whether the decree for mesne profit is justified or wrongfully granted by the Trial Court, in absence of any appeal or a cross-objection having filed by the respondent. ... The instant appeal is thus restricted to a question whether the Court below while granting the decree for mesne prof....
Although in the said money suit a prayer was made for leave under Order II Rule 2 of the Code of Civil Procedure 1908, the decree dated 22/11/2000 only granted relief of mesne profit without allowing the prayer made under Order II Rule 2 of the Code of Civil Procedure, 1908. ... Cause of action is a continuing one in a claim for mesne profit. Everyday’s’ unauthorized occupation gives ris....
As the facts have unfurled, on 16.05.2019, there was no arrear of mesne profit, because the mesne profit of Rs. 8,000/- has been fixed by this Court firstly, by order dated 16.05.2019. ... List the appeal for hearing. ... Learned counsel for the respondents argued that no mesne profit had been awarded by the trial Court, hence, the excuse of financial crunch to show the....
Appeal No.3 of 2016 in Mesne Profit Proceeding No.6 of 2010 in T.E. Suit No.21/23 of 2002 filed by the Respondent Society and Misc. Appeal No.86 of 2016 in Mesne Profit Proceeding No.6 of 2010 in T.E. Suit No 21/23 of 2002 filed by the Applicant. ... The impugned judgment notes the contention of Respondent that the appeal has been fil....
, the Court may, when such a prayer is embodied in the plaint, award the plaintiff in the decree mesne profits from the date of the institution of the action until the delivery of possession to the party in whose favour the decree is made. ... Appeal allowed. ... APPEAL by the defendants from a judgment of the Commissioner of Requests (W. de Livera, Esq.). St. V. Jayewardene, for the defenda....
Heard Mr.Vishal Narichania, learned counsel for the Petitioner and Mr.Pradeep Thorat, learned counsel for the Respondent No.1, Mr.Sean Wassoodew, learned counsel for the Respondent No.4 and Ms.Namita Shirke, learned counsel for the Respondent No.7. ... Are the plaintiffs entitled to get mesne profit as prayed ? If yes, how much ? ” 6. ... However in the prayer clause (h) the relief sough....
The plaintiff had applied for mandatory injunction against the defendant in prayer clause (b) for vacating the premises under Section 39 of the Specific Relief Act, 1963. Prayer clause (c) was for mesne profit against the defendant.
Looking to the inflation of value of money and rise in the prices of commodities, the shop in question can fetch rent at present more than Rs. 50,000/- per month. It is prayed that mesne profit @ 50,000/- per month be fixed during the pendency of the appeal or the appellant may be directed to pay mesne profit at the prevailing market rate to compensate the respondents.
The prayer stipulated in paragraph 1of the miscellaneous appeal is re-produced hereinbelow with profit:- “1. Appeal is directed against the judgment dated 14.6.2017 and decree dated 30.6.2017 passed by the learned Principal Judge, Family Court, West Champaran, Bettiah, in Divorce Case No. 51 of 2015 to the extent that the following three observations therein have been made without any pleading and evidence to this effect:- (i) she was living with her ‘bahnoi’ since 6.2.2013 c....
According to the plaintiffs since Vikram Sandhu committed breach of the agreement, the agreement stood terminated and the earnest amount so paid was forfeited. Thus in the plaint prayer was made for decree of possession and mesne profit.
10. While Defendant No.2 Rajdhani Interstate Transport Co. (Regd.) preferred not to challenge the verdict, Appellant (Defendant No.1 in the Civil Suit), preferred RFA(OS) No.85/2009 challenging the findings of learned Single Judge on various grounds. 9. Vide impugned judgment dated 13.08.2009, learned Single Judge partly decreed the suit directing that the Defendants shall be evicted forthwith from the suit premises. However prayer for awarding damages/mesne profit was declined.#HL_E....
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