Civil Procedure Code, 1908, Order 20, Rule 12(1) -- Once the Court comes to finding that landlord is entitled to possession by executing the decree of eviction, the Court has discretionary power to pass the decree directing the enquiry into future mesne profits also...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Irregularity committed in the procedure in passing the decree - Does not make the decree one without inherent jurisdiction - Executing Court is bound to execute the decree as it is...........
Transfer of Property Act, 1882, Section 106, 107, Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Defendants occupying the premises and claiming ownership by way of adverse possession - Defendants proved to be licensees and not vacating the premises despite notice - Order for eviction passed - Defendants to pay Rs.2, 100/- p.m. as damages...........
Civil Procedure Code, 1908, Order 20, Rule 12, 18 -- Mesne profits - Partition - Preliminary decree - Executing Court can grant relief only if it is granted in the final decree - Preliminary decree is only a general declaration of rights of the parties - Only final decree can be executed - If the claim of mesne profits is neither enquired into nor made part of the final..........
Civil Procedure Code, 1908, Order 20, Rule 12, 18 -- Mesne profits - Future mesne profits - The lis gets terminated for all purposes on passing of final decree even with regard to future mesne profits - It is not open to the plaintiff to claim mesne profits beyond the date of passing of final decree unless the decree provides for such relief...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits by way of interim measure -Licensee - Suit for possession and mesne profits - Occupant not paying rent for use and occupation for a number of years - Landlady a widow having no source of income - Occupant directed to pay mesne profits by way of interim relief - Amount be calculated at prevalent market rate of..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree for possession - Execution - Obstruction - Pending obstruction application, declaratory suit by obstructor for tenancy rights - Decree holder's claim in suit for delivery of possession & mesne profits at market rate - As execution of decree for possession takes long time as such a person who is holding over the..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for rent and possession - Right reserved to file separate suit for damages commencing from termination of tenancy - Reservation applicable only to damages as existing on date of suit - Absence of prayer for future mesne profits in plaint does not preclude Court from awarding future mesne profits in the same suit -..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Court can pass a decree for mesne profits without holding an enquiry - In the instant case as the specific plea in the plaint not denied in the written statement, the court was entitled to proceed on the footing that the amount claimed was reasonable and just and it could be granted...........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits or damages - Estimation - Criteria indicate...........
