Mesne Profits in CPC
๐ Mesne Profits
๐น What are Mesne Profits?
Mesne profits are the profits or benefits that a person who is wrongfully dispossessing the rightful owner of property has earned from such wrongful possession.
In simpler terms, if someone illegally occupies or holds property belonging to another, the rightful owner can claim compensation for the profits lost or benefits earned during that period of wrongful possession.
The term โmesneโ means intermediate or in the meantime.
๐น Legal Basis for Claiming Mesne Profits
Although mesne profits are not specifically defined in the CPC, claims for mesne profits generally arise in suits for possession of immovable property.
The CPC provides the procedure for suit and execution, but the principles for mesne profits come from common law and equitable principles recognized by Indian courts.
Such claims can be made under a civil suit for possession, or as a separate claim for mesne profits during the period of wrongful occupation.
๐น Essentials of a Claim for Mesne Profits
Existence of a Rightful Owner or Possessor
The plaintiff must prove that he/she had the lawful right to possession.
Wrongful Possession by the Defendant
The defendant must be found to be wrongfully occupying or in possession of the property.
Possession is Without Authority
The possession of the defendant is unlawful, unauthorized, and without the plaintiffโs consent.
Profits Earned by the Defendant
The defendant must have earned profits or benefits from the property during the wrongful possession period.
Loss to the Plaintiff
The plaintiff has suffered loss due to deprivation of possession.
๐น Measure of Mesne Profits
The amount is generally assessed based on:
Fair rent or market value of the property during the wrongful possession.
Profits made by the defendant if itโs a commercial or agricultural property.
In some cases, damages may be awarded in addition.
๐น Procedure to Claim Mesne Profits
The plaintiff usually raises the claim within the suit for possession, by including a claim for mesne profits.
The court evaluates evidence regarding:
Nature of the property.
Period of wrongful possession.
Income/profits derived.
The court can order payment of mesne profits along with possession.
โ๏ธ Important Case Laws on Mesne Profits
1. M.C. Chockalingam v. Union of India, AIR 1961 SC 1808
Held: Mesne profits are awarded to compensate the rightful owner for deprivation of possession.
The compensation must be just and reasonable, not punitive.
2. Sundaram Pillai v. S. Mariammal, AIR 1957 SC 375
Held: To claim mesne profits, it must be proved that the plaintiff had rightful possession and the defendant was in wrongful possession.
Mere ownership does not automatically entitle mesne profits without proof of possession.
3. K.K. Verma v. State of Rajasthan, AIR 1975 SC 1812
Held: Mesne profits can be claimed only if there is dispossession without due process of law.
If the possession is lawful, claim for mesne profits is not maintainable.
4. Jamuna Sahgal v. Mahesh Kumar, AIR 1967 SC 1374
Held: Mesne profits are a civil liability and must be claimed through civil proceedings.
Criminal proceedings for wrongful possession are separate and do not bar civil claims.
๐ Summary Table
| Aspect | Explanation |
|---|---|
| Definition | Profits earned by wrongful possessor during illegal possession |
| Essential Requirement | Rightful possession + wrongful possession + profit earned |
| Measure of Mesne Profits | Fair rent, profits made, or damages |
| Procedure | Claimed in suit for possession or separate civil suit |
| Purpose | Compensation to rightful owner for loss of possession |
๐ก Practical Tips
Always assert a claim for mesne profits along with suit for possession.
Gather evidence on the value of property, nature of use, and profits earned.
Delay in filing suit may reduce chances of recovering mesne profits.
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