Delve into the detailed legal analysis of a recent court judgment regarding the reduction of mesne profits. The High Court’s decision to adjust the mesne profits for different individuals based on specific factors highlights the critical role of legal reasoning and factual circumstances in such matters. Stay tuned to understand the nuanced approach taken by the court in this complex legal case.
Facts
- Original defendants preferred appeals before the first appellate court against the judgment and decree passed by the trial court.
- During the pendency of the first appeals, the original judgment creditor filed appeals seeking enhancement of mesne profits.
- Original plaintiff claimed possession of her residential house from the respondents and sought mesne profits on termination of their license.
- Four suits were decreed by the trial court together on 27.11.2019.
- Appellant filed separate suits against each respondent for possession and mesne profits.
- Total mesne profits claimed by the appellant from all respondents amounted to Rs. 25,500.
- The High Court considered the DLC rate and original appellants filed writ petitions challenging the mesne profits determined by the first appellate court.
- The High Court partially allowed the writ petitions of the original appellants, reducing the mesne profits for each tenant.
- The modified mesne profits set by the High Court were: Vasudev Mangal – Rs. 4,000/-, Mohan Lal Mangal – Rs. 3,300/-, Chimman Lal – Rs. 1,500/-, Shyamlal Mangal – Rs. 4,000/-, totaling Rs. 12,800/-.
- The appellant’s petitions to increase mesne profits were dismissed by the High Court.
- The legal representative of the judgment creditor filed applications to stay the judgment and decree of the trial court, which were granted by the first appellate court with revised mesne profit rates for each tenant.
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Analysis
- The High Court reduced the amount of mesne profits, taking into account the residential nature of the premises and its age of 100 years.
- The High Court did not consider the current market rate or potential of the suit property when reducing mesne profits.
- The reduction of mesne profits to 50% by the High Court was done mechanically without sufficient reasoning.
- Even if the approved valuer’s report was for a commercial property, the reduction of mesne profits by 50% would not have been justified.
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Decision
- The appeals before the first appellate court are ordered to be expedited.
- The rest of the order passed by the learned first appellate court dated 12.02.2020 is hereby ordered to be maintained.
- The impugned common judgment and order passed by the High Court is modified to the specified extent for different individuals.
- The mesne profits for each individual are adjusted to meet the ends of justice as mentioned in the judgment.
- The appeals challenging the reduced amount of mesne profits are partly allowed.
- The appeals against the dismissal of the writ petitions to enhance the amount of mesne profits are dismissed.
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Case Title: ANAR DEVI DECEASED THROUGH HER LR. Vs. VASUDEV MANGAL (2022 INSC 294)
Case Number: C.A. No.-001852-001859 / 2022
