...to 4, 3 cents in Item 5, Items 6, 7 and 9 to 13 and Items 14 to 18, declared that they were entitled to mesne profits for three years prior to the suit and to future mesne profits in respect of the...aforesaid properties, directed the trial court to make an enquiry into the mesne profits under Order 20 Rule 12 of the Code of Civil Procedure and ordered that in respect of the rest of the suit...the High Court had no power to pass a decree for mesne profits accrued after the institution of the suit.5. The appellants' case is that the will of Chinnayal, dated...

...the mesne profits from the date of the institution of the suit and pass a final decree for payment of the amount that be found due up to the date of delivery of possession to the second plaintiff...the earlier IA No. 429 of 1940 which had been presented for the ascertainment of future profits and was struck off on September 25, 1944. On July 28, 1948, the Subordinate Judge decreed the mesne...profits and interest thereon for the period from 1926-27 to 1942-43 with respect to the A and C schedule properties. The amount decreed was Rs 17,883-8-3 including Rs 10,790 for mesne profits. He also...

...profits-In a previous suit a decree for mesne profits was passed in respect of the same land-Whether cause of action same in both suits-Subsequent suit whether barred under provisions of the Code-Code...possession of certain property and for mesne profits. The plaintiff claimed recovery of possession and mesne profits on the ground that he was the absolute owner of the property described in the plaint...been made against the defendant for the recovery of the mesne profits in regard to the same property for the period ending February 1.0, 1950. In the previous suit the mense profits had been decreed...

...issue regarding the mesne profits nor there was any prayer for the grant of mesne profits. The trial court, therefore, did not make any order so far as the entitlement of the respondent-plaintiff for...mesne profits was concerned. The appellant-defendant went in appeal before the High Court. The High Court while dismissing the appeal granted mesne profits to the respondent-plaintiff. The High Court...purported to act under order XLI, Rule 33 Civil Procedure Code in granting further decree for mesne profits.2. We have heard learned counsel for the appellant. It is not necessary for...

...court, for possession of half the property which was the subject-matter of the suit and also allowing future mesne profits.2. The relevant facts are briefly these: The...the schedule to the plaint and for partition and separate possession of half share and for mesne profits. According to her the suit property was the absolute property of her mother Puttananjamma, and...for possession of her half share in the suit properties, and future mesne profits against the remaining defendants. Defendants 2 to 8 applied for a certificate from the High Court under Articles 133(1...

...defendant and a decree for Rs 8550 as arrears of rent from 1st April, 1954 to the end of October, 1955. Future mesne profits were also claimed.2. The defendant admitted that...while confirming the decree for ejectment passed by the trial court, the High Court rejected the plaintiffs case for rent or for mesne profits. It appears that his claim for future mesne profits was....17. That takes us to the appeal preferred by the plaintiff. This appeal is confined to the plaintiff's case for past rent and future mesne profits. As we have already indicated, the...

...Calcutta for recovery of possession of the premises and for recovery of arrears of rent amounting to Rs 11,200 and of Rs 78,000 by way of mesne profits/damages, claiming mesne profits/damages at the...January 31, 1985 . . Rs 11,200(iii) For recovery of mesne profits or damagesat Rs 7800 per month from February 1...14,000 only by way of arrears of rent for the period between February 1, 1985 and November 30, 1985 instead of Rs 78,000 claimed by the appellant by way of mesne profits/damages for the said period...

....3. On filing an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure (in short “CPC”) by the respondent-plaintiffs asking for mesne profits due to...were directed to pay the mesne profits @ Rs 2,50,000 per month from the date of filing of the application i.e. 20-12-2017 till disposal of the appeal. The directions have also been issued to deposit...the arrears of mesne profits up to April 2018 by depositing the same in the bank account of the plaintiffs within six months, with further direction to pay mesne profits from May 2018 consecutively by...

..., was collected and deposited in the Court by the Receiver.7. The District Court, Trichur, on August 28, 1952, decreed the suit for specific performance and mesne profits at...that appellant shall be entitled to:(a) mesne profits against such of the respondents as may have been in possession of the property except during the...;AND THIS COURT DOTH ACCORDINGLY DIRECT that the trial court do hold an enquiry about the mesne profits and such sums as may be found to be due on inquiry...

...the 10th of May, 1879, and was made upon a claim by Ram Kirpal Shukul, the present Appellant, for mesne profits in execution of a decree of the late Sudder Court, by which a decree of the Principal...Defendant, was upheld upon appeal. Upon the claim for execution being made, a question arose whether or not the decree in execution awarded future mesne profits. That question had been determined in the...bound by the decision of Mr. Probyn, and he held that the debtor's objection in respect of mesne profits and his prayer for the exclusion thereof should be disallowed, and that the officer should...

...ORDER OF REFERENCE TO A FULL BENCH.This is a suit for mesne profits. The plaintiffs brought a previous suit (O. S. No. 288 of 1909) for partition of family property...including a prayer for mesne profits.They obtained a decree directing a vivision to be made into five equal shares and awarding Rs. 108 for past mesne profits. The judgment was silent on the...subject of future mesne profits.In the present suit the District Munsif gave the plaintiffs a decree for the recovery of Rs. 254-8-0 mesne profits accruing after the institution of O. S...

...:“The next ground argued by the learned counsel for the appellant is that the plaintiff did not pray for an inquiry for the mesne profits to be held under Order 20 Rule 12 in the plaint and in the...absence of specific prayer for an inquiry into the mesne profits the same should not have been granted by the courts below. The said direction is contained in Clause IV in the operative part of the...the trial court directing the inquiry in regard to mesne profits under Order 20 Rule 12. The respondents be intimated that the appeal will be finally heard and decided at admission stage...

...brought by the plaintiff for possession of the land with mesne profits. On July 10, 1917, he obtained a decree for possession, and a preliminary decree was passed under Order XX..., rule 12, of the Civil Procedure Code directing an inquiry into the mesne profits. There were two appeals filed by defendants Nos. 1 and 2 which were dismissed. The plaintiff obtained possession...of the land, and filed applications in 1919 and 1921 for ascertainment of mesne profits which were not prosecuted. The present application No. 7 of 1923 is made for ascertainment of mesne profits against...

...Judge of the High Court of Delhi at New Delhi in RSA No. 136 of 2004. By the impugned judgment, the High Court had reduced the mesne profits granted by the courts below from Rs 70,000 per month to Rs...the reduction of mesne profits per month from Rs 70,000 to Rs 40,000 being challenged before us which on grant of leave was heard in the presence of the learned counsel for the parties...courts below directing Rs 70,000 per month as mesne profits be modified to the extent of Rs 40,000 per month payable to the landlord. We do not find from the judgment that any consideration was made...

...Richards, C.J and Banerji, J.:— This appeal arises out of a suit for mesne profits. A previous suit had been brought, in which possession of the land had been claimed. A certain sum was...also claimed as mesne profits for the period prior to the institution of the suit. There was a further claim for mesne profits during the pendency of the suit and after decree. The Suit resulted in a...decree for the plaintiffs for possession of the land and also a decree for a portion of the amount claimed by the plaintiffs for mesne profits. The rest of the plaintiff's claim was dismissed. On...

...suit for recovery of possession of immoveble property there is only claim for future mesne profits from the date of the suit and there is no claim for past mesne profits, whether the Court is...empowered to pass a decree for future mesne profits, while passing a decee for possession of the property ?" 2. The facts giving rise to this re-ference have been set out in...the order_ of reference,. In a suit instituted by the plaintiff-respondent against the appellant for revovery of possession of a parcel of land, the plaintiff claimed mesne profits from the date of...

...property. The plaint contained no claim for mesne profits, past or future, and the decree in the suit said nothing about mesne profits. This suit is filed by the plaintiff for recovering the mesne...whether the plaintiff's claim for possession in the original suit is the same cause of action as his claim for mesne profits in the present suit. Mr. Jahagirdar for the respondents, in support of the...judgment under appeal, contends that the cause of action for possession and for mesne profits is the same. His argument is that the plaintiff's cause of action is founded on this, that the defendant is...

...question of profits or mesne profits might arise : (1) Suits for ejectment or recovery of possession of immoveable property from a person in possession without title, together with a claim for past or past...& future mesne profits. (2) Suits for partition by one or more tenants-in-common against others with a claim for account of past or past & future profits. (3) Suits for partition by a member of...a joint Hindu family with a claim for an account from the manager. In the first case, the possession of the defts. not being lawful, the plff. is entitled to recover "mesne profits" as defined in...

...rents” would be a “fair measure” of the mesne profits claimed by the appellant.2. The suit in question was filed by the appellant for possession of the suit premises and for mesne...profits or damages, or an enquiry into mesne profits and damages, and other consequential reliefs. The trial court granted a decree for possession and for arrears, as well as for mesne profits at the rate...at which the premises had been let out to the defendant. It took the view that the rent permissible by the Rent Act should determine the mesne profits. The plaintiff felt aggrieved and claimed that...

...appointing a Commissioner for making enquiry regarding the quantum of mesne profits payable by defendants 1 to 3.2. The plaintiff who is the respondent herein filed a suit for partition and...the preliminary deeree inter alia provided that the plaintiff's share in future mesne profits would be determined in the final decree proceedings. A final decree was passed on 28th February 1964. Cl.... 12 of the said decree provided that the question of mesne profits is left to be decided in separate proceedings while the other matters provided under the preliminary decree were settled under the...