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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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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 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 Examines Legality of Appellate Order Expunging Expert Evidence in Mesne Profits Suit. Order XX Rule 12 CPC and Bombay Amendment Govern Whether Past Mesne Profits Claim Required Specific Pleading and Whether Valuer's Evidence Was Relevant.

The litigation originated from T.E. & R. Suit No. 48/62 of 2009 filed by the petitioners (plaintiffs) against respondent No.1 and others seeking vacan...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Directs Trial Court to Frame Issue and Conduct Inquiry Under Order 20 Rule 12 CPC. Preliminary decree and inquiry for mesne profits from date of suit till delivery of possession must be ordered when plaintiff proves entitlement.

The appellant, Francisco Jesus Hilario D' Cruz, filed Special Civil Suit No. 248/97/II in the trial court against Lilia Pereira e Coutinho and Fernand...

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Bombay High Court Allows Mesne Profits Claim in Ownership Dispute Over Flat. Court holds that plaintiffs established ownership of suit flat and defendants are liable to pay mesne profits for illegal occupation.

The plaintiffs, Mrs. Tarla N. Morjaria, Mrs. Usha S. Somana, and Mrs. Bharati V. Tanna, filed a suit against the defendants, Mr. Bipin Hiralal Shah an...

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Bombay High Court Dismisses Union of India's Revision Against Mesne Profits Award from Date of Suit. Mesne Profits Enquiry Cannot Go Behind Decree Directing Payment from Date of Institution.

The Union of India, as tenant of a building known as Boyce Building in Mumbai, was sued for eviction by the landlord Dr. Sam Framrose Boyce in 1979 un...

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Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared.

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession o...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...