Search Results for "Mesne profit"

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Trial Court's Direction for Enquiry Without Pleadings Set Aside. Direction for mesne profits enquiry under Order XX Rule 12 CPC without any pleadings or prayers in the suit is unsustainable.

The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a trial court judgment that included a direction for an...

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Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...

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High Court of Judicature at Bombay, Nagpur Bench Considers Second Appeal on Condonation of Delay in Mesne Profit Appeal. Limitation for Appeal Under Code of Civil Procedure, 1908 Arises from Date of Decree Drawing, Not Judgment.

The appellant, Maharashtra State Warehousing Corporation, was a tenant in the suit premises owned by the respondents. After a decree for possession wa...