Exploring the recent Supreme Court judgment regarding the enforceability of the final decree in the case of mesne profits determination. The case involves an application for an inquiry for mesne profits filed by the respondents, which has sparked a legal debate on the timelines for such proceedings. Stay tuned for insights on the legal nuances discussed in this landmark judgment.
Facts
- Judgment, order, and decree direct inquiry regarding mesne profits from the date of the suit in 1963.
- Application filed under Order VII Rule 11(d) C.P.C. rejected by Trial Court and High Court.
- Special Leave Petition filed against the rejection.
- Respondents applied for execution to obtain possession in 1993, finally gaining possession in 2005.
- Application filed by respondents in 2014 for determination of mesne profits as directed in 1973 decree.
- Petitioners countered with an application under Order VII Rule 11(d) C.P.C. claiming limitation bar.
- Revisional order dated 22 July 2022 by High Court dismissing the petitioners’ revision from the rejection of their application.
Also Read: Joint Property Dispute: Nandu Lal v. Brij Mohan & Ors.
Arguments
- The counsel for the petitioners argues that the application by the respondents for an inquiry for mesne profits is not a second execution but a reminder to the court to complete the process of inquiry as directed by the Court of first instance.
- The proceedings are under Order XX Rule 12 CPC for determining mesne profits from the date of the suit’s institution until possession delivery, which has not been conducted yet.
- There is no specific time limit for initiating such proceedings under the law, and the court is obligated to undertake this inquiry on its own.
- Citing the case of Kattukandi Edathil Krishnan, it’s mentioned that such an inquiry for mesne profits is part of the preparation of the final decree and not barred by limitation or delay.
- The distinction between a preliminary and final decree is fundamental.
- Proceedings for final decree can be initiated at any point of time.
- There is no limitation for initiation of proceedings for final decree.
Also Read: Landmark Judgement in the Case of T.P. Murali v. Kerala Agricultural University
Analysis
- After passing the preliminary decree, the Trial Court must proceed to prepare the final decree without adjourning the matter sine die.
- Either party or the Court can move an application for the preparation of the final decree.
- No separate application is required for the preparation of the final decree.
- The Court may pass a decree for possession of the property.
- The Court may pass a decree for the rents accrued on the property before the institution of the suit or direct an inquiry for the same.
- The Court may pass a decree for mesne profits or direct an inquiry for mesne profits.
- An inquiry can be directed for rent or mesne profits from the institution of the suit until possession is delivered to the decree-holder, relinquishment of possession by the judgment-debtor with notice to the decree-holder, or the expiration of three years from the date of the decree.
- If an inquiry is directed under clause (b) or (c), a final decree regarding rent or mesne profits should be passed based on the inquiry results.
- When no limitation is provided by law, the Trial Court must assess the facts and circumstances to consider the possibility of delay
- It is inappropriate for a Court to impose its own limitation if none is provided by law
- Initiation of proceedings should be done within a reasonable time, not decades later
- No absolute rule for providing limitation in such matters
- Depends on the facts and circumstances of each case
- Proceedings initiated in a fairly reasonable time
- Lower courts held proceedings not barred by limitation
- Proceedings seen as a continuation of old suit for final decree
- Satisfaction with lower courts’ decisions
Also Read: Gala v. Ramani: Easementary Rights Dispute
Decision
- Pending applications disposed of
- No indulgence granted
- Petition dismissed
- Petitioners allowed to participate in the inquiry before the Trial Court for determination of mesne profits
Case Title: CHOUDAPPA Vs. CHOUDAPPA SINCE DECEASED BY LRS. (2024 INSC 691)
Case Number: SLP(C) No.-003056 – 2023
