What is Mesne Profit in CPC ?

Section 2 ( 12) of Civil Procedure Code 1908 defines Mesne Profit .

It means profits which the person in wrongful possession of the property actually received or might have received with Ordinary diligence or have received together with interest on such profits .

A Person in wrongful possession and enjoyment of immovable property is liable to pay the Mesne Profit .

However , Such profits shall not include profits arising due to improvement made by the person in wrongful Possession.

For Example Mohan is in wrongful Possession of Shyams’s Property . By Being in such possession Mohan Receives Profits . Such Profits are called Mesne Profit .

What is the Objective of Mesne Profit ?

The Objective of awarding Mesne Profit is to compensate the person who has been kept out of Possession and deprieved of enjoyment of his property .

What is the Test to Identify Mesne Profit ?

The test to identify the Mesne profit is not what the Plaintiff has lost by being out of Possession but What the defendant gained or might reasonably and with  Ordinary Prudence have gained by such Wongful Possession .

What is the Principal Behind Mesne Profit ?

The Supreme Court in Fateh Chand V. Balkishan Das held that mesne profit in the nature of Damages , no invariable rule governing their award and assessment in every case can be laid down and the court may mould it according to the justice of the case .

However Generally the court shall be guided by following principles while deciding the mesne Profit .

• Profit By a Person in Wongful Possession .
• Restoration of Status before dispossession of Decree Holder .
• Use to which a decree holder would have put the property himself was in possession .