Regarding mesne profit

 


Querist : Anonymous (Querist)
17 May 2021

My late father had some self acquired property at my native place,including an agricultural land, he was worked in semi-govt. organization , after his retirement , we are facing financial problem, he got his pf and most of the amount spent on my sister's marriage, so, i need to leave my native place for earnings to survive my family, I worked in many states and gave the major part of my earnings to my father for running the house and other expenses for farming purpose, he use to tell me that he will return the money after reaping the crops but unfortunately he fails to earn profit from farming business and faces loss in it. after his death my elder brother's widow and younger brother are asking for their share in property, During that period I was working in private company and earning good salary obviously I have done all the expenses for his funeral and all other religious rituals, when I raise this point before my family members who are threatening me for give out their share from property I ask them to share the expenses I have done of my hard earned money but they kept quite and after some time again demand the share in property, when I went away for job my elder brother's widow and my younger brother sold the agricultural land to local land mafia without my knowledge and concern before that they has made some illegal changes in land record by giving bribe to revenue dept. staff and very small portion of agricultural land left for me on 7/12 land record. after knowing this I was shocked and went into deep depression followed by panic attacks my children were small and studying in the school I was helpless as nobody was there to stand for me, after recovering from illness I filed a civil suite for fraudulent transaction of property my land is illegally occupied by land mafia who is having political connection and threatening me that if I ever try to enter in my own land he will kill me, many times I visited Local police station lodge complaints but he manage the police. The mafia is taking cash crops in my land by using water of my well shall I get the mesne profit of my wrongfully occupied property and when ? Hope, I will get the prompt reply from the experts. Thanks & Regards,


Sankaranarayanan Online (Expert)
18 May 2021

you said you filed a suit against them. therefore you have to wait till case judgment.


Querist : Anonymous (Querist)
18 May 2021

Thank You Sankarnarayan Sir for your swift reply on my query !

J K AgrawalOnline (Expert)
18 May 2021

Civil suit? in case of agricultural land you may require revenue suits also. Hire good lawyers and try to get receiver appointed on the land.


Querist : Anonymous (Querist)
18 May 2021

Thank you Shri J K Agrawal Sir, kindly elaborate what is the receiver and how can I appoint him ? also please explain the procedure for payments of msne profit. Thank You Sir

P. Venu Online (Expert)
18 May 2021

Please post simple facts devoid of emotional aspects.

T. Kalaiselvan, Advocate Online (Expert)
18 May 2021

Did you file a suit for partition?
You are entitled to an equal share out of your deceased father's property along with other legal heirs of your deceased father.
It is not known that what suit you have filed and what is the status of that suit.
However the fact is that the third party is drawing water from your well situated in your portion of property is an illegal act for which you cannot claim mesne profits, instead you can file a criminal complaint for criminal trespass and also an injunction application restraining him from entering into your landed property for any reason.
The land mafia is also a citizen of the country hence he is equal before law, if the local police is not entertaining your criminal complaint then you may approach the higher police officer of your district, if that attempt also fail to fetch you the desired relief you can approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the concern police to initiate proper legal action on the complaint pending before them.
You may discuss at length with your advocate and proceed as suggested.



Querist : Anonymous (Querist)
18 May 2021

Thank you very much T.Kalaiselvan Sir for taking time to answer my query, I found your advise most useful for getting clearer idea for taking further steps in my case, Actually I was approached the higher police officials like S.P. at district level , they forwarded my case to local police station and due course of time they got transferred, I lodge the complaint five S.P's during this time but my all efforts are fruitless, Civil Suite is filed in Jan.2019 but it was till in steps it is further delayed due to outburst of covid 19. I will definitely ask my lawyer to approach to court with a petition u/s 156(3), currently I am living long away from my native place , this is why mafia taking undue advantage of situation anyway I will follow your instructions .Thanks again sir.

T. Kalaiselvan, Advocate Online (Expert)
18 May 2021

You are welcome for your appreciations and also thank you for the revert with clarifications.
You may be in regular touch with your advocate in this regard, no doubt with the given situation, all the courts across the country are closed due to current pandemic, you will not be able to anything immediately, you may be in touch with your advocate for all such future actions in this connection.


Querist : Anonymous (Querist)
19 May 2021

Will do sir, Thanks again for your kind advice .

K.S.Ramaswamy Advocate (Expert)
19 May 2021

In my opinion case may be filed u/s 482 of Cr.PC before the High Court seeking direction for not taking action on the compliant lodged in the jurisdictional PS.

K.S.Ramaswamy Advocate (Expert)
19 May 2021

Due to the pandemic situation most of the courts are closed, Hence you may consult your lawyer and act accordingly.


Querist : Anonymous (Querist)
19 May 2021

Thank you K.S. Ramaswamy sir, for your advice !

Dr J C VashistaOnline (Expert)
20 May 2021

You have already stated to have filed a suit through an able, competent and intelligent lawyer who is well about facts and circumstances of the case, proceed as advised by him / her, without waiting for an obligation of experts on this platform, who are form an opinion and advise on the basis of limited facts posted by you which may turn to be incorrect.


Querist : Anonymous (Querist)
20 May 2021

o.k. Sir I just wanted to know the process of releasing mesne profit and time require for this process.

T. Kalaiselvan, Advocate Online (Expert)
05 June 2021

Section 2 (12) of the Code of Civil Procedure provides that: “Mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with the ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due o improvement made by the person in wrongful possession.
In Phiraya Lal alias Piara lal v. Jia Rani[8] Hon’ble Delhi high Court while defining the term mesne profits observed that, “when damages are claimed in respect of wrongful occupation of immovable property on the basis of the loss caused by the wrongful possession of the trespasser to the person entitled to the possession of the immovable property, these damages are called mesne profits”.

In Nataraja Achari v. Balambal Ammal[9], taking into consideration the definition of mesne profits provided under Section 2(12) Hon’ble Madras High Court observed that there are three different types of cases in which question of rights of profits arise:

1. Suit for ejectment or recovery of possession of immovable property from a person in possession without title, together with a claim for past or past and future mesne profits.
2. A suit for partition by one or more tenants in common against others with a claim for account of past or past and future profits.
3. Suits for partition by a member of joint Hindu family with a claim for an account from the manager.

The Court observed, “In the first case, the possession of the defendant not being lawful, the plaintiff is entitled to recover mesne profits such profits being really in the nature of damages. In second case the possession and receipt of profits by the defendant not being wrongful the plaintiffs remedy is to have an account of such profits making all jus allowance in the favour of the collecting tenant in common. In the third case the plaintiff must take the joint family property as it exists at the date of the demand for partition and is not entitled to open up past account or claim relief on the ground of past inequality of enjoyment of the profit, except where the manager has been guilty of fraudulent conduct or misappropriation. The plaintiff would however, be in the position of the tenant in common from the date of severance in status and his right would have to be worked out on that basis.



Querist : Anonymous (Querist)
06 June 2021

Thank you ever so much for the above information It may helm me in my case.



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