From which date do mesne profits arise
vinaykala
(Querist) 08 April 2012
This query is : Resolved
dear sir,
my brother has been running an illegal guest house on my property at delhi from oct 2004.
i was willed a totally unconstructed second floor of a house in delhi. due to my stay at another city , my brother and now defendant constructed unauthorisedly three rooms and ran a guest house till aug 11.
the delhi high court ordered in aug 11 that the guest house should stop and the premises used as a residence till such time the suit is decided. the defendant gave an affidavit on the direction of the court to use for no other purpose other than a residence from aug 11 onwards.
i filed a suit for possession in delhi high court in sep 2010.
i have sought mesne profits for use of my premises to guest house from sep 2007, that is 3 years prior to the suit, which is what my lawyer wanted.
my query is
1. do courts grant mesne profits from the date of institution of the suit or
2. from 3 years before the institution of the suit, when the guest house is running for much more time.
i re[eat the gh is running from oct 2010
pl enlighten sir
vinay kala
april 08,12
adv. rajeev ( rajoo )
(Expert) 08 April 2012
court may award mense profits from the date which have sought in the plaint
Adv.R.P.Chugh
(Expert) 08 April 2012
Mesne Profits have to be awarded from the time when the possession of the person turned wrongful. In a nutshell, as I said in response to your earlier query - when you asked them to hand over possession and they did not that's when it turned adverse - and Mesne Profits would commence from there.
vinaykala
(Querist) 09 April 2012
an addenum for you sir chugh sahab,
the defendant was asked to handover peaceful possession on april 2,2000 through a registered letter. the premises were in his possession from april 1999 though guest house had not commence
the guest house commenced from oct 6,2004
we filed the suit on sep 15,2010 seeking mesne profits from sep 15,2007.
these are tha facts sir.
in the light of the above informaion do elaborate your advice sir
vinay kala
april 08,12
