GANPATI MADHAV SAWANT (D) BY LRS. vs DATTUR MADHAV SAWANT

The Supreme Court held that the High Court erred in awarding mesne profits without a specific prayer for such inquiry in the plaint, violating Order XX Rule 12 of the Code of Civil Procedure, 1908. The Court emphasized that mesne profits cannot be awarded unless explicitly claimed, referencing the precedent set in Mohammad Amin v. Vakil Ahmed (AIR 1952 SC 358). The appeal was allowed, and the provision for mesne profits was deleted from the decree, affirming the lower court's decision on other grounds.