💰 Short Notes on Mesne Profits in Civil Procedure Code & Limitation Act
1. Definition under Civil Procedure Code, 1908
As per Section 2(12) of the Civil Procedure Code, 1908, Mesne Profits refers to the profits which a person in wrongful possession of immovable property actually received or might with ordinary diligence have received, together with interest on such profits.
2. Nature and Purpose
- Compensatory in nature
- Granted for illegal or unauthorized possession
- Includes income, rent, crops, etc., derived from the property
- Interest may also be granted on mesne profits
3. Who Can Claim?
The rightful owner of immovable property who has been dispossessed unlawfully can claim mesne profits from the person in wrongful possession.
4. Determination by Court
- Mesne profits are usually determined in a separate inquiry under Order XX Rule 12 CPC
- The court may appoint a commissioner to assess profits
5. Limitation Act, 1963 and Mesne Profits
As per Article 109 of the Limitation Act, 1963, the limitation period to recover mesne profits is:
- 3 years from the date when the possession of the defendant becomes unlawful
✅ Note:
Mesne profits are a legal remedy to prevent unjust enrichment by a wrongful possessor. They serve as a deterrent and compensatory tool for rightful owners.
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