Define the term Mesne Profits

Question: Define the term Mesne Profits.

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Answer

Mesne Profits- According to Section 2(12) of CPC, 1908, “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.

The object of mesne profits is that every person has a right to possess his property. And when he is deprived of such right by any person, he is not only entitled to restoration of possession of his property but also damages for wrongful possession from that person. The mesne profits are thus a compensation paid to the real owner.

In Phiraya Lal alias Piara Lal v. Jia Rani, AIR 1973 Del 186 Hon’ble Delhi High Court while defining the term mesne profits observed that, “when damages are claimed in respect of wrongful occupation of immovable property on the basis of the loss caused by the wrongful possession of the trespasser to the person entitled to the possession of the immovable property, these damages are called mesne profits”.

In Nataraja Achari v. Balambal Ammal, AIR 1980 Mad 222, taking into consideration the definition of mesne profits provided under Section 2(12) Hon’ble Madras High Court observed that there are three different types of cases in which the question of rights of profits arise:

1. Suit for ejectment or recovery of possession of immovable property from a person in possession without title, together with a claim for past or past and future mesne profits.
2. A suit for partition by one or more tenants in common against others with a claim for an account of past or past and future profits.
3. Suits for partition by a member of a joint Hindu family with a claim for an account from the manager.

The Court observed, “In the first case, the possession of the defendant not being lawful, the plaintiff is entitled to recover mesne profits such profits being really in the nature of damages. In the second case the possession and receipt of profits by the defendant not being wrongful the plaintiff’s remedy is to have an account of such profits making all jus allowance in the favour of the collecting tenant in common.

In the third case, the plaintiff must take the joint family property as it exists at the date of the demand for partition and is not entitled to open up a past account or claim relief on the ground of past inequality of enjoyment of the profit, except where the manager has been guilty of fraudulent conduct or misappropriation. The plaintiff would, however, be in the position of the tenant in common from the date of severance in status and his right would have to be worked out on that basis.

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