Supreme Court of India · 1979-02-07
L. KOCHIVAREED vs P. MERIAPPA GOUNDER AND ORS.
- Citation / case number
- SC 1969/60198
- Court
- Supreme Court of India
- Petitioner
- L. KOCHIVAREED
- Respondent
- P. MERIAPPA GOUNDER AND ORS.
- Bench
- SARKARIA, RANJIT SINGH
Judgment text excerpt
The Supreme Court held that mesne profits, defined under Section 2(12) of the Code of Civil Procedure, are damages for wrongful possession and can be awarded based on the justice of the case. The Court clarified that all trespassers involved in keeping the plaintiff out of possession can be held jointly and severally liable for mesne profits, even if not in actual possession. Furthermore, the decree for mesne profits cannot extend beyond three years from the date of the preliminary decree, specifically from April 22, 1958, the date of the appellate decree.