Mesne profit

This query is : Resolved 

11 January 2017

Sir, whether a tenant against whom eviction suit is filed have to pay the mesne profit from the date lower court passed the order or from the date the Hogh Court passed the order?

The main case is that the appellant filed a eviction suit against tenant and the lower court passed a decree in which it was held the tenant have to vacant the shop within 2 months and to pay Rs 5000 p.m as mesne profit. Tenant filed the first appeal but the Learned District Court upheld the order. Then the second appeal was filed in which The Learned High Court extend the time to vacant the shop within 18 months and upheld the other conditions. During the undertaking filed by Tenant he agrees to pay the mesne profit from the day the second appeal was filed not from the date an order passed by the Learned Lower Court.

P. Venu (Expert)
12 January 2017

The words of the undertaking cannot alter the directions in the decree.

Rajendra K Goyal (Expert)
12 January 2017

The orders need to be referred in detail, discuss with your lawyer.

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