Determination of mesne profit
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Dear Sir,
At first i would like to wish HAPPY NEW YEAR.
I want to know that what is mesne profit and how it is calculated (If there is any formula for calculating of mesne profit)?
Sankaranarayanan
(Expert) 13 January 2012
Mesne profit are the averaged or assumed profit expected to be received by a person in possession of the property. Mesne profit is worked out when a claim is forwarded to recover the accruals from a property illegitimately held by a person. Eg. If a person wrongly hold a property mesne profit is used to refer the profit arises out of that property
Deepak Nair
(Expert) 13 January 2012
Mesne Profit means the profit which have accrued while there was a dispute over land ownership. If it is determined the party using the land did not have legal ownership, the true owner can sue for some or all of the profits made in the interim by the illegal tenant.
Raj Kumar Makkad
(Expert) 13 January 2012
The definition as per legal term of word mesne profits has already been disclosed to you as well to tom.
The court has only to see whether the case of the plaintiff is governed by Order XX Rule 12 of CPC. In case, if it is applicable, court is fully empowered to grant future mesne profit also.
M/s. Banwari Lal Associaiton Pvt. Ltd. v. M/s. Basanti Devi Family Trust, Ghaziabad & Ors.; 2009(5) ALJ 328)
Raj Kumar Makkad
(Expert) 14 January 2012
welcome tom and happy makar sankranti.
Deepak Nair
(Expert) 14 January 2012
Happy Makar Sankranti to all of you too.
Querist :
Anonymous
(Querist) 14 January 2012
Thanks to all of u sirs for ur every support of knowledges whenever required. HAPPY MAKAR SANKRANTI TO ALL OF U.
prabhakar singh
(Expert) 14 January 2012
Most welcome!
HAPPY MAKAR SANKRANTI TO ALL OF U.
Shonee Kapoor
(Expert) 14 January 2012
Thanks for the informing about a new terminology.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sushil Sharma
(Expert) 14 January 2012
MESNE PROFITS:-
1. The value of the premises, recovered in ejectment, during the time that the lessor of the plaintiff has been illegally kept out of the possession of his estate by the defendant; such are properly recovered by an action of trespass, quare clausum fregit, after a recovery in ejectment.
2. As a general rule, the plaintiff is entitled to recover for such time as be can prove the defendant to have been in possession, provided he does not go back beyond six years, for in that case, the defendant may plead the statute of limitations.
3. The value of improvements made by the defendant, may be set off against a claim for mesne profits, but profits before the demise laid, should be first deducted from the value of the improvement's
M/s. Y-not legal services
(Expert) 13 January 2012
