Search Results for "mesne profits"

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Search Results for "mesne profits"

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High Court

High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

10 Dec 2025

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

High Court

High Court of Karnataka Quashes Interim Maintenance Order in Partition Suit — Married Sisters Not Entitled to Maintenance from Brother Under CPC Section 151. Interim maintenance cannot be granted to married sisters in a partition suit when they have also claimed mesne profits, as the remedy lies in claiming mesne profits or separate maintenance under personal law.

25 Nov 2025

The case involves a writ petition filed by the defendant (brother) challenging an order of the Civil Judge and JMFC, Yelburga, dated 02.03.2024, in O....

High Court

High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

12 Dec 2024

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

High Court

Bombay High Court Fixes Interim Compensation for Tenant Pending Eviction Revision — Mesne Profits Determined Based on Valuer Reports and Rental Market. Tenant Ordered to Pay Rs.25,000 Per Month as Interim Compensation Under Section 12 of Maharashtra Rent Control Act, 1999.

21 Jun 2019

The case involves a civil revision application filed by the tenant, Previn Govind Sharma, against an eviction decree passed by the Appellate Bench of ...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute — Petitioner Seeks to Add Claim for Possession and Mesne Profits After Discovery of Fraudulent Transfer During Pendency of Suit. Amendment Allowed Under Order VI Rule 17 CPC to Avoid Multiplicity of Proceedings and Bring Subsequent Events on Record.

3 Jun 2019

The petitioner, Avinash Karnik, filed a suit in the City Civil Court at Bombay seeking declaration and injunction in respect of a flat (suit flat) ori...

High Court

Bombay High Court Allows Appeal in Adoption and Hindu Women's Property Rights Case — Widow's Adoption in 1953 Does Not Extinguish Her Limited Estate Under Hindu Women's Rights to Property Act, 1937. The court held that the widow's adoption of a son does not divest her of the limited estate she inherited from her husband under the 1937 Act, and the adopted son does not acquire any right to the property during her lifetime.

19 Oct 2018

The case involves a second appeal before the Bombay High Court concerning the effect of adoption by a widow in 1953 on her rights under the Hindu Wome...

High Court

High Court of Karnataka Allows Revision Petition in Ejectment Suit — Measurement Dispute Remanded for Fresh Consideration. Landlord's claim that premises exceeded 14 sq.mtrs. under Section 2(3)(f) of Karnataka Rent Act, 1999 requires proper appreciation of evidence including tenant's admission.

26 Sep 2015

The revision petition was filed by the landlords (Sandeep Chowhan and Leela Devi) against the judgment dated 24.03.2015 passed by the XXII Additional ...

High Court

Bombay High Court Allows Second Appeal in Mesne Profits Case — Reduces Rate from Rs.75 per day to Rs.100 per month. Court holds that mesne profits must be based on actual loss suffered by the landlord, not hypothetical profits from illegal use.

9 Dec 2005

The case involves a second appeal by the defendant against the judgment of the lower appellate court which awarded mesne profits at the rate of Rs.75 ...

High Court

Bombay High Court Allows Landlord's Mesne Profits Application Under Order XX Rule 10 CPC Despite Delay — No Limitation Period Prescribed for Such Application. The court held that an application for mesne profits under Order XX Rule 10 CPC is a step in execution and not governed by the Limitation Act, 1963.

12 Jul 2005

The petitioner-landlord, Ishwar Daya Kevalram Agarwal, obtained a decree for possession against the respondent-tenant, Madhukar Shankar Prabhane, on 2...

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