Attempt the following: Mesne profits and it's essence.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2021
Attempt the following: Mesne profits and it's essence.

Answer & Explanation:

Section 2(12) of the of the Code of Civil Procedure 1908 defines Mesne Profit of property as 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 points, but shall not include profit due to improvements made by the person in wrongful possession. The Mesne profit is a compensation which is penal in nature. The object of awarding a decree for Mesne Profit is to compensate the person who has been kept out of possession and deprived of enjoyment of his property. Thus, "wrongful possession" by the defendant is the essence of a claim for mesne profit. A decree of Mesne Profit can be claimed with regards to immovable property only.

Topics: Civil Procedure Code

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