(ode of ( m/ P'medur
Mesne Profits
Section 2(12) of Code of Civil
wrongtul possesston ot the
Procedurc defines Mesne Profit' to mean profits which the person in
propcrty actually
rececived might
or have received with ordinary dil1gence or
have receved together with intercst on such profits.
due to improvements made by the person in However, such profit shall not include profits arising
toimmovable property only. For
wrongful possession. Mesne profits can be claimed with regard
possession, he receives
example, 'X is in wrongful possession of Y's' property. By being in such
profits. Such profits are called mesne
profits.
Object
Every person is entitled to possess his property and
when he is deprived of such right by anouc
person, he is not only entitled to
restoration of possession of his property but also damages for wrongful
possession from that
person. Thus, the object of awarding a decree for mesne profits is to compensate the
nerson who has been kept out of possession and
deprived of enjoyment of his property,
Against whom mesne profit can be claimed
Aperson in wrongtul possession and enjoyment of immovable property is liable to pay mesne proit.
He can be a trespasser or a person against whom a decree for
possession is passed or against a mortgager
in possession atter a toreclosure decree is passed against him, etc. If the plainiff is
dispossessed by several
persons, every one of them Would be liable to pay mesne profit to the plaintiff even
though he might not be
inactual possession of the property if it is proved that such
dispossession
was a concerted effort on every
person's part [Lucy Kochuvareed . P Mariappa Gounder, (1979) 3SCC 150j.
Test
The test toascertain mesne profit is not what the plaintiff has lost by being out of
possession but what
the defendant gained or might reasonably and with ordinary prudence have gained by such
wrongful
possession. For example, when a person in wrongful possession plants indigo on the land and it is proved
that a prudent agriculturist would have planted wheat or sugarcane, the mesne profit should be assessed on
the basis of those more profitable crops [Harry Kanmpson Grag v Bhagu Miya, AIR 1930 PC 82]).
Principles
The court shall be guided by following principles while deciding mesne profit:
E
Profit by a person in wrongful possession.
Restoration of status before dispossession of decree-holder.
Use to which a decree-holder would have put the property if himself was in possession.
Deductions
Mesne profits should be net profits and the court may allow deductions to be made from the gross
proits of the defendant, such as land revenue, cess, cost of cultivation, etc.
Samarth Agrawal Books 243
