The Supreme Court has held that even though an Agreement to Sell does not transfer proprietary rights in an immovable property, however, when the prospective purchaser performs his part of the contract and receives possession of the property, then he/she is said to have acquired possessory title and the same is protectable under Section 53A of the Transfer of Property …
The Supreme Court observed that a tenant continuing in possession after the expiry of the lease is liable to pay mesne profits. "While a tenant at sufferance cannot be forcibly dispossessed, that does not detract from the possession of the erstwhile tenant turning unlawful on the expiry of the lease. While a tenant at sufferance cannot be forcibly dispossessed, that …
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 …
The meaning of the word "mesne profits" as defined in the Webster Dictionary is - profits earned by one in wrongful possession of property. Ltd 2005 RCR 1 Whereby it was held that by the Hon'ble court: " while passing an order of stay under Rule 5 of Order 41 of the Code of Civil Procedure, 1908, the appellate Court …
Dismissing the appeal of Hindustan Petroleum Corporation Ltd., the Delhi High Court held that an unrebutted oral evidence of a landlord in support of his claim for mesne profits at a certain rate was sufficient evidence in terms of Order XX Rule 12 of CPC. Three broad contentions of the Appellant were: The Respondent did not lead any evidence in …