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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 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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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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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 Dismisses Revision Against Eviction Decree in Leave and License Dispute — Licensee Bank Held Not Entitled to Protection Under Maharashtra Rent Control Act After License Expiry.

The applicants (original plaintiffs) were owners of a building at Turner Road, Bandra, Mumbai. They executed a leave and license agreement with the re...

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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...