L. KOCHIVAREED versus P. MERIAPPA GOUNDER AND ORS.

L. KOCHIVAREED versus P. MERIAPPA GOUNDER AND ORS.

Liability for mesne profits is to be fastened only on the defendant in actual wrongful possession and enjoyment of the property for the period of such possession, with interest at 6% per annum up to the date of delivery of possession and on outstanding mesne profits till payment. Deduction for interest on Rs. 50,000 deposit for the period of withdrawal is to be allowed. The quantum of mesne profits is to be calculated at Rs. 15,000 per annum, based on the lease rent fixed by the Court-appointed Receiver, as no other reliable evidence of higher profits is found. Interest on Rs. 30,000 withdrawn by defendant 3 and redeposited after the reversal of the decree by this Court is payable under...

Parties
Appellant in CA 466/69: L. Kochivareed; Respondent No. 1 in CA 466/69; Appellant in CA 2375/69: P. Meriappa Gounder; Defendant 2: George Thatil
Jurisdiction
India
Judgment Date
07 February 1979
Procedural Posture
Civil Appeal / On Appeal From Kerala High Court Judgment and Order Dated 6 8 78
Outcome
Plaintiff's appeal (CA 2375/69) partly allowed with proportionate costs. Defendant's appeal (CA 466/69) dismissed with modification allowing set-off for Rs. 14,000 interest. In CA 466/69 parties to bear their own costs.
Legal Topics
Mesne Profits, Specific Performance, Execution of Decrees, Interest on Mesne Profits, Restitution, Joint and Several Liability
Civil Procedure Property Law Restitution Mesne Profits Specific Performance Execution of Decrees Interest on Mesne Profits Joint and Several Liability

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Parties

L. Kochivareed

Appellant in CA 466/69

P. Meriappa Gounder

Respondent No. 1 in CA 466/69; Appellant in CA 2375/69

George Thatil

Defendant 2

Procedural Posture

Civil Appeal / On Appeal From Kerala High Court Judgment and Order Dated 6 8 78

Legal Issues

  1. 1 What is the principle and scope for award of mesne profits under Section 2(12) and Order XX Rule 12, CPC?
  2. 2 Who is liable for mesne profits and for what period?
  3. 3 Whether the amount deposited by the plaintiff towards the price should be set off against the liability of the defendant for mesne profits?

Ratio Decidendi

Liability for mesne profits is to be fastened only on the defendant in actual wrongful possession and enjoyment of the property for the period of such possession, with interest at 6% per annum up to the date of delivery of possession and on outstanding mesne profits till payment. Deduction for interest on Rs. 50,000 deposit for the period of withdrawal is to be allowed. The quantum of mesne profits is to be calculated at Rs. 15,000 per annum, based on the lease rent fixed by the Court-appointed Receiver, as no other reliable evidence of higher profits is found. Interest on Rs. 30,000 withdrawn by defendant 3 and redeposited after the reversal of the decree by this Court is payable under...

Court Disposition

Plaintiff's appeal (CA 2375/69) partly allowed with proportionate costs. Defendant's appeal (CA 466/69) dismissed with modification allowing set-off for Rs. 14,000 interest. In CA 466/69 parties to bear their own costs.

Orders

  • Interest at 6% per annum on mesne profits allowed up to 29 March 1959 and on outstanding amount till payment.
  • Set-off of Rs. 14,000 for interest on Rs. 50,000 deposit for specified period allowed to defendant.