Right to claim Mesne profits, past as well as future, under the law.
Mesne Profits
According to section 2(12) of the Code of Civil Procedure provides that: “Mesne profits of property means those profits which the person in wrongful possession of such property actually received or might with the ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due to improvement made by the person in wrongful possession.”
It means that a person in wrongful possession of the property earns any profit together with interest on the said property or might ordinarily earn, then the person in wrongful possession is liable to pay the mesne profits till he actually vacates the property. However, the profits earned by any improvements in the property by the person in wrongful possession are explicitly excluded from the preview of the mesne profits. Mesne profits are basically the damages. That is right to sue for mesne profits means the right to sue for damages.
The criteria of calculating the mesne profit is not what the owner lost or might lose by not in possession of the property but what the trespasser has received or might have received by having illegal possession of the property.
Mense profits can be claimed for past as well as for future.
The grounds for claiming the mesne profits are –
1. The person should be in wrongful possession/trespasser.
2. The person has gained any profits or together with interest on the said property or might have earned profits with ordinary diligence.
Past mesne profits & Limitation
Under Article 87 of the Limitation Act, compensation/mesne profits can be claimed for 3 years prior to the filing of the claim. In other words, the mesne profits can be claimed for a period of 3 years, beyond which it is barred by limitation.
Future mesne profits are divided into 2 parts:-
a. From the filing of the suit till the date of passing of decree.
b. From the date of decree till the actual delivery of the possession of property.
Burden of Proof
The burden of proof is on the person claiming mesne profits to prove by evidence that the other person was in wrongful possession/occupation of the property and had obtained any mesne profits, failing which the Hon’ble Court may reject the claim for the mesne profits.
Discretion of the Court
To grant the future mesne profits from the date of filing of the suit till the delivery of possession of the property lies exclusively within the discretion of the Hon’ble Court.
Blog by Monica Solanki