Lucy Kochuvareed v P. Mariappa Gounder (1979)

CPC & Limitation Act · Parties — Joinder, Misjoinder & Non-joinder; Frame of Suit

Facts.

A successful party in a possession dispute claimed mesne profits for the period the other side had held the property wrongfully.

Issue.

How are mesne profits under s.2(12) measured?

Held.

The Court held mesne profits are what the person in wrongful possession actually received, or might with ordinary diligence have received, from the property, together with interest — the true owner is entitled to this for the period of wrongful possession.

Why it matters.

It is the standard authority defining and quantifying mesne profits, the core of the Interest–Costs–Mesne Profits topic.

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