Rule 12 of CPC : Rule 12: Decree for possession and mesne profits.

Explanation using Example

Example 1:

Mr. Sharma owns a piece of land in Delhi. Mr. Verma, without any legal right, occupies this land and starts using it for his own purposes. Mr. Sharma files a suit in the court for the recovery of possession of his land and for mesne profits (compensation for the unauthorized use of his property).

The court, after hearing the case, passes a decree:

• (a) Ordering Mr. Verma to vacate the land and hand over possession to Mr. Sharma.
• (b) Directing an inquiry to determine the rent that could have been earned from the land during the period Mr. Verma occupied it before the suit was filed.
• (ba) Directing an inquiry to determine the mesne profits for the period Mr. Verma used the land without authorization.
• (c) Directing an inquiry to determine the rent or mesne profits from the date the suit was filed until Mr. Verma vacates the land, or until three years from the date of the decree, whichever occurs first.

Once the inquiry is completed, the court will pass a final decree specifying the amount Mr. Verma must pay Mr. Sharma for the rent and mesne profits.

Example 2:

Ms. Gupta owns a commercial property in Mumbai, which she had rented out to Mr. Khan. The lease agreement expired, but Mr. Khan continued to occupy the property without paying any rent. Ms. Gupta files a suit for the recovery of possession of her property and for the unpaid rent and mesne profits.

The court issues a decree:

• (a) Ordering Mr. Khan to vacate the commercial property and return possession to Ms. Gupta.
• (b) Directing an inquiry to determine the rent that accrued during the period Mr. Khan occupied the property without paying rent before the suit was filed.
• (ba) Directing an inquiry to determine the mesne profits for the unauthorized use of the property by Mr. Khan.
• (c) Directing an inquiry to determine the rent or mesne profits from the date the suit was filed until Mr. Khan vacates the property, or until three years from the date of the decree, whichever occurs first.

After the inquiry, the court will pass a final decree specifying the amount Mr. Khan must pay Ms. Gupta for the unpaid rent and mesne profits.