Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Term mesne profit is used for damages for trespass, a wrongful act relating to immovable property - However, scope of term mesne profit has since enlarged to mean claim of profit from one whose possession though may not have originated as trespass but is nevertheless wrong...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Calculation of amount - Mesne profit is not what the decree holder has lost by not being able to get possession but what the user of property, in wrongful possession, may with ordinary diligence would receive from property - Person in wrongful possession cannot be heard to say that he has not utilized the..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Claim for mesne profits beyond the period of authorized occupation has to be in one suit and it is not permissible to claim part mesne profits in one suit and part mesne profits in another suit - Similarly it is not permissible to file second suit claiming damages on the plea that when first suit was filed..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2(3), 151 -- Amendment of plaint - Suit for recovery of physical possession of suit property - Amendment sought to claim damages and mesne profits towards rent and hire charges - Amendment sought will avoid multiplicity of proceedings and cause no prejudice to defendants - Plaintiffs..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........
Delhi Rent Control Act, 1958, Section 1(2), 50 -- Suit for possession and mesne profits - Applicability of Rent Act - Area of village Dabri, which contains Sagarpur area and where suit premises are situated' are not covered by Delhi Rent Control Act because no notification has been issued u/s.1(2) of the Act for applicability of this Act to Sagarpur area - Held, Civil..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession, damages & mesne profits - Plaintiff proved that they are lawful owners of suit property by virtue of Will executed in their favour - Defendant was in possession of suit property as a gratuitous licensee and said licence was revoked by plaintiff - Defendant was a licensee holding over as on the date of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession, recovery of damages, mesne profits and injunction - Plaintiff seeks to amend the plaint to add averments challenging the documents and conveyance deed executed by DDA in favour of defendants - Amendments sought are necessary for purpose of determining real questions in controversy..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - While passing decree for possession Court has discretion to, either, if sufficient evidence is available on record for the determination of mesne profits, to also pass a decree for mesne profits, or if evidence brought on record is not sufficient for such determination, to direct an enquiry as to such mesne..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - To claim interest on mesne profits which was not granted in the decree - Such decree cannot be sought to be amended by filing an application u/s 152 CPC as it is not a clerical mistake, accidental omission or arithmetical error - Only remedy available to aggrieved party is to file an appeal...........
