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    Saturday, 2 December 2017

    Mesne Profit under Section 2(12) of CPC

    1. INTRODUCTION
    Mesne profits are profits to which a person is entitled but from, which he has been kept out by the defendant. The profit lost to the owner of the land by reason of his having been wrongfully dispossessed of his land. A claim for mesne profit is usually joined with the action for recovery of the possession of the land.

    2. RELEVANT PROVISION OF LAW
    Relevant provision of law regarding to concerned topic are:
    (i) Section 2(12) of C.P.C.
    (ii) Order 2, Rule 4 and order 20 Rule 12 of C.P.C.

    3. LITERAL MANNING OF MESNE PROFITS
    "Mesne" means, intermediate, intervening, the middle between two extremes and especially of ranks of time as envisaged under section 2(12).

    4. DEFINITION OF MESNE PROFIT
    (I) According to Section 2(12) of the C.P.C:
    Mesne profits of property means "those profits which the person is wrongful possession of such property actually received or might with ordinary diligence have received there from together with interest on such profits but shall not include profits due to improvements made by the person in wrongful possession".

    (II) Simple Definition
    It denotes damages and compensation recoverable from a person who has been wrongful possession, it means that profit which the plaintiff has lost by reason of the wrongful act of defendant.
    Example:
    Mesne profit can be claimed only regarding immovable property and not for movable property.

    5. EXPLANATION OF MESNE PROFIT

    Calculation of Mesne Profit:
    It should be awarded on the basis of actual profits which the wrong doer received or which he might have been received with ordinary diligence.

    (II) Wrongful Possession
    It means that the person who has no right to possession as against the party claiming it is in wrongful possession as against that Party for a certain purposes including mesne profits but not wrongful for all purposes.

    (III) Interest on mesne profit
    It includes the right to interest on the profits that proceeds on the theory that the person . in wrongful possession appropriating income from the property himself gets the benefits of the interest of such income.
    Example: The decree holder is entitled to interest up to the date of realization of the mesne profits.

    (IV) Rate of interest
    To be allowed on the mesne profit in discretionary as there is no questions of any contractual rate or any particular rate fixed by statute.

    (V) Suit for recovery of mesne profit
    Plaint clearly showing that plaintiff not only prayed for mesne profits for period up to the decision of case. Court below was justified in allowing mesne profits up to date of decision of case with order to plaintiff to pay court Fee in respect of compensation awarded to him beyond period of three years contention that court could not award mesne profits beyond period of 3 years was repelled in circumstances.

    (VI) Mesne Profits do not effect pecuniary jurisdiction
    The value of a suit for the recovery of possession and mesne profits is the value of the immovable property plus mesne profit up to date of suit mesne profit after suit do not from rent of the cause of action even there be a prayer in the plaint for mesne profits after suit.

    6. PROOF OF MESNE PROFIT


    In order to get the mesne profit of property the plaintiff will have to show
    (a) that the defendant was in possession during the whole of his period for which the mesne profit are demanded.
    (b) that the possession of the defendant was wrongful (b) that the possession of the defendant was wrongful and was not under the color of any right.

    (I) Order 2, rule 4
    In a suit for the recovery of immovable property may be Joined claims for mesne profit in respect of the property claimed or any rent thereof.
    (i) Example:
    A suit for possession of land is however, a Bat to a subsequent suit for mesne profit of such land.

    (ii) Case Law Muhammad Amin vs. Vakil Ahmad:
    Held: In this case held that a claim for mesne profit cannot be allowed unless there is a demand of it. The claim would not be included within the expression awarding possession, occupation of the property aforesaid together with all the rights appearing thereto.

    (II) Order 20 rule 12; Decree for possession of mesne profits
    Under this rule, four types of decree can be passed:
    (i) A final decree for possession of immovable property
    (ii) A final decree for past mesne profits.
    (iii) A preliminary decree directing accounts respecting past mesne profits.-
    (iv) A preliminary decree directing an inquiry as to the amount of future mesne profit upto the point specified.

    7. COMPARISON UNDER INDIAN LIMITATION ACT
    The defendant is liable for all mesne profits received by him or which he might with ordinary diligence have received during the 3 years before suit and not before Article 109 of the limitation Act.

    8. ASCERTAIN THE MESNE PROFIT
    In order to ascertain the mesne profit, the court is to taken into account not what the plaintiff has lost by his exclusion, but what the defendant has or reasonably might have made by his wrongful possession mesne profit, profits of property, interests on such profits.

    (i) Case Law: Granish vs. Soshi Skildar:
    In this case, the court held that the mesne profits are due from the moment possession is wrongfully held by the defendant an interest on such mesne profit is due from the day on which each instilments becomes due. A decree which is salient as to interest must, be taken to mean that mesne profit shall carry interest on them.

    Note: Mesne profit are in the nature of damages and the right to sue for mesne profit is the right to sue for damages. Such a right cannot be attached and sold in execution of a decree against the person entitled to the decree under section 60.

    9. Conclusion

    to conclude that mesne profit is compensation which is awarded against persons in wrongful possession of property is known as mesne profit. It can be claimed by a person entitled to actual possession of such property. Such profits can be claimed with respect to immovable property only. Person claiming mesne profits would have to pay court fee for arrears claimed by him without payment of such court fee no arrear of mesne profits if any, could be awarded by claimant. 
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    Item Reviewed: Mesne Profit under Section 2(12) of CPC Rating: 5 Reviewed By: Usman Ali
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