Shri Ganpati Jurists Legal Learning
Mesne Profits Begin From Date of Eviction Decree – Supreme Court Clarifies
The Supreme Court recently ruled that mesne profits in a landlord-tenant dispute under the Rent Act are to be calculated only from the date of the eviction decree, not from the date of filing the suit.
✅ Key Takeaway:
A tenant’s possession becomes unlawful only after the tenancy is terminated through a court decree. Therefore, mesne profits—which are awarded as compensation for wrongful possession—can only be awarded from the date of decree onwards.
📖 Legal Insight:
Under Section 2(12) of the CPC, mesne profits refer to the income that a person in wrongful possession of property actually received or could have received with due diligence. This provision aims to compensate the rightful owner for the loss of income due to wrongful occupation.
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