Mesne profit for agricultural land
V K
(Querist) 12 April 2016
This query is : Resolved
Hello all,
Suit was filed for granting partition and future mesne profit under order XX rule 12(1)(c) of C.P.C.
How is mesne profit for agricultural land calculated in case of coconut orchard and rice fields as I am unaware of how much yearly produce was gained by defendant for a period of 20 years?
Can interest be charged on said amount and at what rate?
Also does onus of proving mesne profit lie on me as petitioner and if yes how will i be able to determine it since agricultural produce fluctuates yearly?
P. Venu
(Expert) 13 April 2016
What is the opinion of your advocate?
Rajendra K Goyal
(Expert) 13 April 2016
Your lawyer may refer the data from agricultural department of the area and average production area wise and tree wise and calculate. Data can be taken through RTI also or from the publications.
Interest should be claimed, court would decide on merits.
You should prove your case / justification of manse profit..
V K
(Querist) 16 April 2016
@P. Venu Sir,
my advocate is saying forget about it. It will take years for you to prove, you may not be able to prove anything. You wont get much in return for you efforts. He scared me infact.
I am more interested in the 'principal' of it and getting all justice due to me. It isnt about how much I can get but the principal of law.
V K
(Querist) 16 April 2016
@Rajendra Goyal Sir,
Thank you. I didnt know I can get such data from agricultural department.
I will look for the area agricultural department.
