Scope Of Enquiry And Judicial Notice While Granting Mesne Profits And Damages For Unauthorized Occupation Of The Leased Premises

A person doing something with full knowledge of its adverse consequences must face the consequences. These aforesaid provisions read as under:- "Section 2 "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;" "Order XX Rule 12:-Decree for possession and mesne profits.- Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree- for the possession of the property; for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; for the mesne profits or directing an inquiry as to mesne profits; directing an inquiry as to rent or mesne profits from the institution of the suit until— the delivery of possession to the decree-holder, the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court, or the expiration of three years from the date of the decree, whichever event first occurs. e) The Division Benches of this court in Vinod Khanna Vs. Bakshi Sachdev AIR 1996 Delhi 32 and S.Kumar Vs. G.K. Kathpalia 1991 RCR 431, taking judicial notice, refused to interfere with the rate of mesne profits even where the landlord had not led any documentary evidence. Kathpalia 1999 RLR 114, and in which case the Division Bench has given benefit to the landlord and has taken judicial notice of increase in rent, and has accordingly allowed mesne profits at a rate higher than the contractual rate of rent." We find that this Court has in several cases taken judicial notice of the factum of increase of rent and made awards of mesne profits and damages.