Topic
Mesne profits in Indian law refer to compensation payable by a person wrongfully in possession of property to the rightful owner for the period of unlawful occupation.
The Delhi HC held that a rent agreement must be proved by the tenant's signature under Section 67 Evidence Act, not by mere notarisation. The ruling impacts landlords seeking arrears and mesne profits, upholding Rs.87,000 dues based on rent increase.
The Calcutta High Court held that filing an eviction suit itself is a notice to quit under Section 106 TPA. This restores landlords’ right to possession and allows recovery of mesne profits without a separate notice.
Bombay High Court clarifies that caretaker agreements were licenses, not leases, and confirms its power under Order XLI Rule 33 in Article 227 petitions, directing mesne profit enquiry for long-term occupation.
A tenant who unequivocally denies the landlord's title and claims ownership forfeits the lease under Section 111(g) TPA, losing Delhi Rent Control Act protection. The court upheld the decree for possession, rent arrears (Rs. 20/month at 9% interest), and mesne profits (Rs. 1,000/month), confirming that title repudiation extinguishes all statutory tenant safeguards.
Delhi HC confirms tenancy rights over ownership claims, upholds eviction decree and awards Rs. 5,000/month mesne profits from Feb 2022. Landlords can enforce possession even if tenant disputes title transfer.
Delhi HC affirms that an irrevocable General Power of Attorney coupled with interest survives the principal’s death, upholding a possession decree and mesne profits award under Section 202 of the Contract Act. The ruling clarifies agency continuity in property disputes.
Karnataka High Court rules that trial courts cannot direct interim rent deposits in partition suits without first enquiring into property ownership and rent agreements. The judgment underscores the necessity of reasoned orders and expeditious disposal of long-pending disputes, impacting co-owners and tenants in property litigation.
Bombay High Court rules that watan land loses its statutory character under the Watan Abolition Act 1950 once hereditary services are discontinued and full assessment is levied, even without an express settlement. The judgment reinforces Civil Court jurisdiction over revenue disputes and upholds private title against State claims, setting a precedent for similar land disputes in Maharashtra.
Bombay High Court rules that mesne profits payable by government entities must be determined based on comparable market data rather than standard commercial rates, ensuring equitable valuation. The judgment underscores that state-owned undertakings are entitled to moderated rates, reflecting their non-commercial status and public function.
The Bombay High Court has ruled that a tenant cannot escape liability for mesne profits by merely sending a letter of surrender; only a formal surrender process under CPC Order XX Rule 12, sanctioned by the court, can legally terminate ongoing liability. This binds landlords and tenants alike, making procedural compliance non-negotiable in eviction and rent recovery cases.
The Bombay High Court struck down an inflated mesne profits award that relied on rental rates from premium commercial zones, ruling that valuation must be grounded in the actual nature, condition, and locality of the disputed property. This sets a critical precedent for landlords and tenants in rent-controlled areas, ensuring mesne profits are calculated based on realistic market conditions, not speculative benchmarks.
Bombay HC rules that mesne profits under the Maharashtra Rent Control Act accrue from the date of eviction decree, not the filing of the suit. The judgment clarifies statutory tenancy rights and ensures landlords cannot claim damages retroactively, impacting eviction litigation strategy for property disputes.
Punjab & Haryana HC rules that mesne profits in tenancy disputes must be calculated based on current market rent, adjusted for inflation, rather than outdated receipts. The court upheld Rs. 10,500/month as fair compensation, emphasizing that non-payment automatically vacates eviction stays, reinforcing tenant accountability in pending appeals.
The Punjab & Haryana High Court has ruled that under its inherent powers under Section 151 CPC, a judgment-debtor may be allowed to discharge mesne profits liability through structured monthly installments, with a fixed penalty for default. This sets a precedent for equitable enforcement in execution proceedings where full payment is unfeasible, benefiting elderly or financially constrained debtors without compromising creditor rights.
Delhi High Court sets aside a Rs. 15.9 crore mesne profits award, ruling that arbitral awards under Section 34 must be grounded in evidence and reasoning. The court held that guesswork or lack of evidentiary basis constitutes patent illegality, impacting future arbitration claims for damages.