Mesne Profits — against whom mesne profits can be ordered?

By Y.Srinivasa Rao, Principal Senior Civil Judge, Tirupati.

TABLE OF CONTENTS:

1. Mesne Profits – Section 2(12)
2. Mesne Profits- against whom means profits can be ordered?

”Mesne profits” section 2 (12)
“mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made but the person in wrongful possession;
Mesne profits:- AIR 1979 SC 1214; AIR 1977 SC 223. Generally, Court can award Mesne Profits against the following persons under purview of section 2 sub section12 of the Code of Civil Procedure,1908.

1. Tenants in a suit for recovery of possession. (Anderson wright Vs. Amar Nath Roy, AIR 2005 SC 2457)
2. Persons against whom a decree for possession of immovabale property was passed. ( Gopal Krishna Pillai Vs. Meenakshi Ayal, AIR 1967 SC 155)
3. Trespass (Sita Ram Lakshmanji Vs. Dipnarain Mandal, AIR 1977 SC 1870)
4. Mortgagors in possession of mortgaged property against whom a decree for foreclosure was passed. (Shiv Kumar Sharma Vs. Santhosh Kumari, AIR 2008 SC 171)
5. Mortgagors in possession of property after a decree for redemption was passed. (Prabhakaran Vs M. Azhagiri Pillai, AIR 2006 SC 1567).
   What are the deductions on Mesne Profits:-
   The Court must allow the following deductions from the gross profit of the defendant in possession of the property:-
6. The charge for collecting rent, etc.
7. The costs of cultivating and reaping the crops, and
8. Public charges made from the preservation of the property, e.g., Goverment revenue.

Mesne Profits- against whom means profits can be ordered?
Generally, Court can award Mesne Profits against the following persons under purview of section 2 sub section12 of the Code of Civil Procedure,1908.

1. Tenants in a suit for recovery of possession. (Anderson wright Vs. Amar Nath Roy, AIR 2005 SC 2457)
2. Persons against whom a decree for possession of immovabale property was passed. ( Gopal Krishna Pillai Vs. Meenakshi Ayal, AIR 1967 SC 155)
3. Trespass (Sita Ram Lakshmanji Vs. Dipnarain Mandal, AIR 1977 SC 1870)
4. Mortgagors in possession of mortgaged property against whom a decree for foreclosure was passed. (Shiv Kumar Sharma Vs. Santhosh Kumari, AIR 2008 SC 171)
5. Mortgagors in possession of property after a decree for redemption was passed. (Prabhakaran Vs M. Azhagiri Pillai, AIR 2006 SC 1567).
   What principles are to be applied to award mesne profits?
   The Court must apply the following settled principles to award mesne profits:-
6. the profit to be taken into account is that made by a person in wrongful possession;
7. the aim should be restoration of status before dispossession of the Decree- holder;
8. the use to which the decree-holder may have put the property if he himself was in possession is relevant only as evidence of what the defendant might with reasonable diligence have received.