Mesne Profit Liability
Querist :
Anonymous
(Querist) 17 January 2011
This query is : Resolved
Dear Experts, the earlier co. which was subsequently merged with my co. had taken on rent property for residetial of its employee and the employee was terminated from service but continued to occupy the property. Now the landlord forcefully evicted the ex-employee and he is absconding after criminal prosecution by the landlord. The rent agreement was in the name of the earlier co. and had expired long back but my co. continue to make monthly rent till 2003. Now, the landlord requested to give a surrender letter of the property from my co. today, which will make my co. admitting the liability for back rent and mesne profit but the landlord willing to give assurance letter of undertaking that they will not make any claim of mesne profit or any compensation or back rent till date for giving that surrender letter. My query is, Will such letter hold good to defend if the landlord later on file suit for mesne profit and back rent for the property base on the surrender letter my co. will be giving on his assurance. Please advise with supporting provision of law or citations in this connection. Thank You.
Devajyoti Barman
(Expert) 17 January 2011
If the landlord receives the arrears rent on the basis of undertakin then there is no question of mesne profit.
Querist :
Anonymous
(Querist) 17 January 2011
Thanks. But my query is will the letter of assurance by the landlord good enough for my co. if the landlord subsequently claim arears of rent with mesne profit till the date of the surrender letter after getting the surrender letter ?
