No. 23 of CPC : No. 23: DECREE FOR RECOVERY OF LAND AND MESNE PROFIT
CPC
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Explanation using Example
Example 1:
Scenario: Ram owns a piece of agricultural land in Maharashtra. Shyam, without any legal right, occupies Ram's land and starts farming on it. Ram files a suit in the civil court to recover possession of his land and also claims mesne profits (compensation for unlawful use of his land).
Decree:
- The court orders Shyam to vacate the land and hand over possession to Ram.
- The court orders Shyam to pay Ram Rs. 50,000 with interest at 6% per annum for the mesne profits accrued before the suit was filed.
- The court also orders an inquiry to determine the mesne profits from the date of the suit until Shyam vacates the land and Ram takes possession.
Example 2:
Scenario: Priya owns a residential property in Delhi. Her tenant, Ramesh, continues to stay in the property even after the lease has expired and refuses to vacate. Priya files a suit for eviction and recovery of mesne profits.
Decree:
- The court orders Ramesh to vacate the property and hand over possession to Priya.
- The court orders an inquiry to determine the mesne profits that Ramesh owes Priya for the period he stayed in the property after the lease expired until the date of the suit.
- The court also orders an inquiry to determine the mesne profits from the date of the suit until Ramesh vacates the property and Priya takes possession.
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