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…!
Mesne Profits Without Specific Prayer - Courts have held that future mesne profits can be awarded even if not explicitly claimed in the plaint. Under Order XX Rule 12 of CPC (including Bombay Amendment), a suit for recovery of possession and rent or mesne profits permits the court to pass a decree for mesne profits from the date of suit onward, regardless of whether there was a specific prayer for future profits. This principle was upheld in cases like 2024 0 Supreme(Bom) 102 and 2024 Supreme(Online)(BOM) 6751.
Claiming Mesne Profits in Eviction Suits - It is permissible to claim mesne profits in eviction suits, and courts have recognized that entitlement to mesne profits is a matter for trial, not necessarily dependent on a specific prayer. Privy Council observations and Supreme Court rulings affirm that courts can grant mesne profits from the date of suit or institution even if not specifically claimed initially (2025 0 Supreme(Kar) 1481, 2024 0 Supreme(Kar) 622).
Legal Jurisdiction and Procedure - Courts have jurisdiction to award mesne profits based on the facts of the case, even without explicit claims, provided the suit involves recovery of possession or rent. The courts may direct deposit of rent and mesne profits during proceedings, and the entitlement can extend to future profits, as seen in 2022 0 Supreme(Del) 793 and 2023 Supreme(Online)(KAR) 21071.
Impact of Previous Suits - Subsequent suits for mesne profits or arrears are maintainable even after earlier suits have been decided, especially if the earlier decree did not cover future or mesne profits. The courts have clarified that a lack of specific prayer in earlier suits does not bar awarding mesne profits later (2025 0 Supreme(AP) 627, 2025 Supreme(Online)(Tel) 15833).
No Need for Specific Prayer - The courts have consistently held that a specific prayer for future mesne profits is not mandatory; the law permits courts to award such profits based on the facts and the nature of the suit, emphasizing that the entitlement is a matter of trial and evidence rather than pleading limitations (2023 Supreme(Online)(KAR) 21071, 2025 Supreme(Online)(Tel) 15833).
Courts have established that in eviction and rent recovery suits, the granting of mesne profits—both past and future—is permissible even without explicit pleadings or prayers for future profits. The statutory provisions under CPC, especially Order XX Rule 12 and related amendments, empower courts to award mesne profits from the date of suit or institution, reflecting the principle that such claims are inherently part of recovery for wrongful possession or non-payment of rent. Therefore, it is legally possible to grant future mesne profits in a suit for eviction and arrears of rent without any specific prayer for such profits.
References:- 2024 0 Supreme(Bom) 102- 2025 0 Supreme(Kar) 1481- 2024 0 Supreme(Kar) 622- 2022 0 Supreme(Del) 793- 2025 0 Supreme(AP) 627- 2024 Supreme(Online)(BOM) 6751- 2025 Supreme(Online)(Tel) 15833- 2023 Supreme(Online)(KAR) 21071
In property disputes, landlords often seek not just eviction but also compensation for lost rental income during litigation. A key question arises: Granting of Future Profits in a Suit for Eviction and Without any Specific is Possible? This issue hinges on procedural rules under the (CPC) and judicial interpretations. While explicit pleadings are ideal, courts may still award under certain conditions. This post explores the legal nuances, drawing from landmark judgments and statutory provisions. Note: This is general information, not legal advice. Consult a lawyer for your specific case.
refer to profits or income derived from property by a wrongful occupant, typically a tenant holding over after tenancy termination. They include:- : Arrears up to the suit's filing.- : Profits from suit filing until .
In eviction suits combined with claims, landlords aim to recover these. However, courts generally require specific prayers in the plaint for such relief [
#MesneProfits, #EvictionLaw, #CPCOrder20
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 profits. ... In the facts of present case, in the suit itself there was a prayer made for inquiry into mesne profits under Ord....
The observations of the Privy Council suggest that in a suit to which Section 196 of Act 8 of 1859 applied, the Court had jurisdiction to pass a decree for mesne profits though there was no specific claim in the plaint for future mesne profits. ... The plaintiff/respondent institutes commercial original suit for relief of eviction and recovery of arrears of rent after expiry of lease between the p....
In the said passage, what has been considered, was the issue relating to the maintainability of the second Suit for pendente lite and future mesne profits, in a situation, where an earlier suit for recovery of possession and for past mesne profits had been decided. ... Bench of the Allahabad High Court while examining the issue of maintainability of second suit for pendente lite and future mesne profits#H....
, to pay arrears of rent/mesne profits, from the date of filing of the suit till the date of the order i.e. 9th October 2017, @ Rs. 50,000/- per month and to pay future mesne profit/damages w.e.f. ... The court is empowered, under the said provision, in any suit by a lessor for eviction of a lessee or for recovery of rent and future mesne profits from a lessee, ....
profits from the date of filing of the suit till the date of delivery of possession i.e., actual eviction? ... for Rs.84,000/- towards arrears of rent and for damages of Rs.30,000/- per month from 01.02.2011 onwards with costs of the suit. ... Aggrieved thereby, the 1st defendant in the suit filed S.A.No.286 of 2015 whereas aggrieved by the non-granting of mense profits, the plaintiff in the suit filed S.A.No.264 ....
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 profits. ... In the facts of present case, in the suit itself there was a prayer made for inquiry into mesne profits under Or....
3.Whether a plaintiff who fails to prove their pleaded case of tenancy can still be awarded mesne profits, especially when their claim for arrears of rent has been dismissed? ... The respondent herein filed suit for eviction and recovery of arrears of rent vide O.S.No.287 of 2012 and the said suit was dismissed by the trial Court. ... Aggrieved by the same, first appeal in A.S.No.167 of 2016 was preferred and the said first appeal ....
It is an admitted position that there is no prayer for damages/mesne profits/rent from the defendants therein in CS (OS) No.2842/1995. ... It is the contention of the learned senior counsel for the Appellants that Respondent Nos.1 to 3 originally filed CS (OS) No. 2842/1995 for eviction against the Appellants and Respondent No.4. However, no prayer was made for damages/mesne profits/arrears rent etc against the def....
Once it is held to be the duty of the Court under Order 20 Rule 12 to award future mesne profits even without a specific prayer in this regard, the specific prayer even if made by the plaintiff cannot limit the entitlement of the plaintiff to future mesne profits.” 69. ... (Supra), the High Court of Bombay has held that sub-Rule (1) of Order XV-A of the CPC applies to a Suit b....
arrears of rent of Rs.46,407/- and for mesne profits. ... however, the rejection of the arrears of rent and mesne profits shall be set aside and the plaintiff is entitled for arrears of rent and mesne profits. ... However, rejected the prayer of the plaintiff for arrears of rent and mesne profi....
Consequently for the reasons given above our opinion on the question referred to this Bench is as follows:- “If in a suit for past mesne profits and possession the plaintiff also prays for a decree for future mesne profits then he is neither required to value the relief of future mesne profits nor pay any Court-fees thereon as in such cases he has no existing legal right to claim such future mesne profits and has no cause of action for them on the date of suit. Further, in our opinion, when in such a suit in which a prayer for future mesne profits is also made, the Court ei....
The plaintiff claims to have determined the tenancy of the first defendant by a notice dated September 27, 2007 which was issued to the first defendant by registered post. The plaintiff seeks eviction, arrears rent and mesne profits.
The disputed shop is being used only for keeping a show case. It was further alleged that the level of the shop which was 3 ft. high from the road has been lowered and now it is only 2 ft. high from the road resulting in weakness in the walls of the shop. The plaintiff prayed for a decree of ejectment, arrears of rent of Rs.1,750, future mesne profits and costs of the suit. The plaint was amended to incorporate the details of the material alterations made by the defendants in the shop which included removal of pillar between the two shops and fixing of girder in its place ....
In cases where even though the prayer for mesne profits was included but the Court concerned did not decide that question and remained silent so far as the mesne profits are concerned there can be no bar to the filing of a fresh suit, for, the provisions of Order 20, Rule 12 gave the Court a discretion to pass a decree for mesne profits in a suit for recovery of possession of immovable property and for rent or mesne profits. But in a suit for eviction where mesne profit is prayed for and the same is refused there is no reason why the plaintiff should be allowed to sue afresh for mesne profit....
Hence the Suit for eviction, recovery of arrears of rent and mesne profits was filed.
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