mesn profit

Mesne profits are sums of money paid for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation.

This situation commonly arises where a landlord has obtained an order from a court for the possession of their land from a tenant who is to be evicted. Some time may elapse from the date of the court order -- which ends the tenancy -- and the recovery of possession by the landlord. The tenant owes no rent for the occupation, since they have ceased to be a tenant, but will be made to pay a charge, usually identical to the rent, which is known as a mesne profit.

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.

dears,

           my client is tenant @ the rate of rent Rs,500/-permonth and landlord is demanding the mesne profit @ the rate of Rs. 500/-per day. Is the tenant liable to pay mesne profit to avoid his ejectment ? because of exagerated demand of mesne profit  The suit was filed in greater jursidiction court whether demand of mesne profit can be include in the valuation of the suit for the purpose to enlarge  pecunary  jurisdiction.Can the suit be treated not maintainable as not filed in lowest jurisdiction court as per sec.15CPC

A tenant is never liable for ejectment for non payment of mesne profits. Mesne profits can be added in the claim and can be counted for the purpose of jurisdiction. For definition of Mesne profits please see the definition given in the CPC. Its quite clear.

the following principles would ordinarily guide a court in determining the mesne profits:1)no profit by a person in wrongful possession, 2)restoration of status by dispossation of decree holder and 3)use to which a decree holder would have put the property if he himself in possession.

Mesne profit are the averaged 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 ,like income from agriculture land.