Order 20, Rule 12 CPC
Order XX, Rule 12 of the Code of Civil Procedure, 1908 (CPC) deals with the power of the Court to pass a decree for possession and mesne profits (or damages for use and occupation) in a suit for recovery of possession of immovable property.
This rule is particularly significant because it allows the court to grant not just possession of the property, but also compensation for the wrongful use and occupation of that property during the period of litigation.
Let's break down the rule:
Order XX, Rule 12 - Decree for possession and mesne profits
"(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree—
(a) for the possession of the property;
(b) for the rent or mesne profits which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent or mesne profits;
(c) directing an inquiry as to rent or mesne profits from the institution of the suit until—
(i) the delivery of possession to the decree-holder,
(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court, or
(iii) the expiration of three years from the date of the decree,
whichever event first occurs.
(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry."
Explanation of Key Parts:
Scope of the Rule: This rule applies specifically to suits where the plaintiff is seeking:
Recovery of possession of immovable property, AND
Rent or mesne profits (or damages for use and occupation) relating to that property.
Types of Decrees the Court May Pass (Sub-rule 1): The court has the discretion to pass a decree encompassing one or more of the following:
(a) For the possession of the property: This is the primary relief sought. The court can order the defendant (wrongful occupant) to hand over possession of the immovable property to the plaintiff (rightful owner/possessor).
(b) For the rent or mesne profits which have accrued on the property during the period prior to the institution of the suit OR directing an inquiry as to such rent or mesne profits:
This covers the period before the lawsuit was filed.
The court can either determine and award a specific amount of past rent/mesne profits directly in the preliminary decree itself if the evidence is sufficient.
Alternatively, if the evidence is insufficient or requires detailed calculation, the court can direct a separate "inquiry" into these past mesne profits.
(c) Directing an inquiry as to rent or mesne profits from the institution of the suit until...:
This is the most distinctive part of the rule. It deals with mesne profits that accrue during the pendency of the suit and even after the initial decree.
The court directs an inquiry (it usually doesn't determine this amount immediately in the preliminary decree) for the period starting from the date the suit was filed.
The inquiry continues until one of three events occurs, whichever is earliest:
(i) The delivery of possession to the decree-holder: This is when the plaintiff actually gets back physical control of the property.
(ii) The relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court: This covers situations where the defendant voluntarily vacates the property and formally informs the court and the plaintiff.
(iii) The expiration of three years from the date of the decree: This sets an outer limit for the calculation of future mesne profits from the date of the preliminary decree. The court cannot award mesne profits beyond this three-year period unless there's a fresh cause of action.
Final Decree for Mesne Profits (Sub-rule 2):
If an inquiry for mesne profits (either pre-suit or post-suit) is directed under sub-rule (1)(b) or (1)(c), the amount of mesne profits determined after such inquiry will then be formalized in a final decree.
This implies that the decree for possession and the direction for inquiry into mesne profits are usually part of a preliminary decree, and the actual amount of mesne profits is determined in a separate final decree after the inquiry is completed.
What are Mesne Profits? (Section 2(12) of CPC)
"Mesne profits" are defined as:
"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 by the person in wrongful possession.
In simpler terms, mesne profits are compensation for the unlawful detention of property. It is not just the actual rent, but also any other profits the wrongful possessor derived or could have derived from the property, including interest, but excluding profits from their own improvements. It's essentially damages for wrongful occupation.
Significance of Order XX, Rule 12:
Prevents Multiplicity of Suits: It allows the court to deal with both possession and compensation for wrongful occupation in the same suit, avoiding the need for separate lawsuits for mesne profits.
Compensatory Nature: It ensures that the rightful owner is compensated for being deprived of the use and enjoyment of their property by the wrongful possessor.
Discourages Prolonged Litigation: By providing for mesne profits during the pendency of the suit, it incentivizes the wrongful possessor (judgment-debtor) to deliver possession quickly.
Two-Stage Process: It often involves a preliminary decree (for possession and direction for inquiry) followed by a final decree (determining the exact amount of mesne profits after inquiry).
This rule is a powerful tool in civil litigation concerning immovable property, ensuring complete justice to the rightful owner.
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