Mease profit calculation

Querist : Anonymous (Querist) 18 November 2011 This query is : Resolved
Dear Experts

1) How will the Mease of profit will be calculated by the execution court?

2) How/What will be rent fixed to a house primies valued 25,000 by the plantiff while filling suit in 2001?

3) Wheather the order of execution court is a final one are can we make appeal on it?

Please answer my query and Thanks in advance

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prabhakar singh (Expert) 19 November 2011
1]such a profit is always calculated on basis of relief that has been decreed.

2]monthly 25k or yearly not told by you???

Hence if monthly then 25k*12*!0
and

if yearly then 25k*10

a wrong order can be attacked by revision or appeal but query facts not sufficient for exact answer.

Querist : Anonymous (Querist) 19 November 2011
Thanking you Prabhakar sir,

Decree is for future mease profit.

25,000/- is the total value (worth) of the suit property as said by the plaintiff in plaint.No rent specified in plaint or in decree.

My question is how the execution will fix the rent of the house (valued) net worth of 25,000?

prabhakar singh (Expert) 19 November 2011
Thanks for thanks but our this exchange is not going to solve your problem to arrive at
a conclusive point.

I hinted you the solution but it could not work for you.

Then you need to look either in to valuation clause where at least a tentative valuation for MESNE PROFITS must be found or in the relief claimed.

MESNE PROFITS are generally decreed against wrong full possession of an intruder or for wrongful use and occupation of a tenant whose tenancy has been determined by a notice and eviction decree is sought.In a tenants case obviously even in notice of termination commonly it is valued and demanded and when left by omission rate of rent is the guidance to arrive at any figure with reference to oral evidence.A case of licencee may also give birth to a such situation for claim of MESNE PROFITS after service of notice of revocation of licence.

I wanted facts but you are releasing them
as if things are personally known to you.

Anyway,as i am left to speculate about,i guess it is a decree against intruder and not against a tenant.

And if valuation of the suit property is the only thing in hand for guidance then a DECREE HOLDER needs to lead oral evidence first proving the squire feet carpet area of the suit property and then producing
witnesses like land lords or tenants from the locality in which the suit property situate stating the per squire feet rent being received are paid[as the case may be] by them.So DH himself and at least one more witness to corroborate him is the very basic requirement in your case.

prabhakar singh (Expert) 19 November 2011
One thing more you may please change the heading of your query:

So that your words "MEASE PROFITS"

READS

"MESNE PROFITS"

SO THAT YOU MAY GET OTHER ADVISES TOO.

Devajyoti Barman (Expert) 22 November 2011
gODD ONE BY mR sINGH.

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