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february 1979

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.

L. KOCHIVAREED vs P. MERIAPPA GOUNDER AND ORS. · Niyam