Limitation to claim mesne profits

Querist : Anonymous (Querist) 12 November 2024 This query is : Resolved
Dear Experts kindly answer my query.
1. Can a Decree Holder file an IA to calculate Mesne Profits after 5 years from the date of taking possession of immovable property?
2. What is the Limitation to claim Mesne profit ordered in decree?
( Fact of the case :- Plaintiff filed suit for recovery of possession with mesne profit in 2016, suit decreed in March 2021. Execution petition also filed and ordered, court Amin handed over suit property possession to the plaintiff in July 2021. Can plaintiff file IA for calculating mesne profit after 3 years now (in Nov 2024) ).

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Quick Summary

This discussion explores the limitations on claiming mesne profits, particularly when a decree holder seeks to calculate these profits after taking possession of immovable property. It questions whether an application filed five years after taking possession is permissible and clarifies the limitation period for claiming mesne profits ordered in a decree. The essence of mesne profits lies in wrongful possession, and typically, these profits should be determined by the trial court and included in the decree before it's finalised.

T. Kalaiselvan, Advocate (Expert) 12 November 2024
In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid
Section 211 of the Code of Civil Procedure, 1882 (Act XIV of 1882) provided for decreeing the mesne profits up to delivery of possession or up to 3 years after the decree, whichever event took place earlier.Wrongful possession of the Defendant is the very essence of a claim for Mesne Profits and the very foundation of the Defendant's liability therefor.

Dr. J C Vashista (Expert) 14 November 2024
Mesne profits if any, has to be decided by Trial Court before drawing a decree, which shall be included in the decree but not afterwards.

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