Latest JudgementCode of Civil Procedure, 1908

Amritpal Jagmohan Sethi v. Haribhau Pundlik Ingole, 2025

Calculation of mesne profits from the date of eviction decree under the Maharashtra Rent Control Act, 1999

Supreme Court of India·8 April 2025

Code of Civil Procedure, 1908

Court

Supreme Court of India

Date of Decision

8 April 2025

Judges

Justice Abhay S. Oka ⦁ Justice Ujjal Bhuyan

Citation

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

The respondent (landlord), Haribhau Pundlik Ingole, filed a suit for eviction against the appellant (tenant), Amritpal Jagmohan Sethi, under the Maharashtra Rent Control Act, 1999.
A decree for possession was passed by the trial court, which attained finality, and the tenant was evicted.
The trial court had directed an inquiry into mesne profits from the date of the eviction suit until the delivery of vacant possession.
The landlord argued that mesne profits should be calculated from the eviction decree, not from the date the suit was filed.

Whether mesne profits should be calculated from the date of the suit or the eviction decree.
When does the landlord-tenant relationship end under the Maharashtra Rent Control Act, 1999?
What is the correct interpretation of mesne profits as per CPC Section 2(12)?

The Supreme Court held that the landlord-tenant relationship continues until the eviction decree is passed, and the tenant’s possession is lawful until that point.
Mesne profits are to be calculated from the date of the eviction decree (29th March 2014), not from the date the eviction suit was filed.
The Court modified the trial court's direction and ordered the inquiry into mesne profits to begin from the eviction decree and continue until the tenant delivers vacant possession of the property to the landlord.
The ruling is a significant clarification of the law surrounding mesne profits, ensuring that compensation is only due for the period during which the tenant’s possession is unlawful.

The Supreme Court’s reasoning rests on a clear interpretation of the Maharashtra Rent Control Act, 1999 and the legal definition of mesne profits. By linking the end of the landlord-tenant relationship to the passing of the eviction decree, the Court emphasizes that tenant’s possession remains lawful until this point.
The decision strengthens the legal understanding that mesne profits are intended to compensate for the loss of income from the property during a period of unlawful possession. Since the tenant’s possession is only considered unlawful after the eviction decree is passed, the calculation of mesne profits logically begins from that date.
This judgment is particularly relevant for disputes under rent control laws, as it clarifies the temporal scope of mesne profits and affirms that the tenant’s wrongful possession starts only when the eviction decree is legally final.
By focusing on the concept of wrongful possession, the Court aligns the calculation of mesne profits with the idea that such compensation is only due for the period during which the tenant is unlawfully occupying the property. This ruling helps prevent undue financial burden on the tenant for the period before the eviction decree.