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Anand & Anr. vs. Shyam Lal th. LR’s. & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 41, Rule 5–Mesne profit during the pendency of suit and appeal–Amount of–Plaintiff claimed for the amount of Rs. 25,000/- per month as mesne profit–However, the plaintiff did not ask any question to the witnesses in regard to this fact–Defendant no. 2 admitted that he is in possession of the land as the licencee of defendant nos. 3, 4, 8, & 9–Land in question is situated nearby the office of newspaper, hotels and shops–Trial Court has concluded that the defendants remained in illegal possession for a long time from the date of filing the suit–In view of the evidence available on record, amount of mesne profit is determined Rs. 15,000/- per month from the date of filing the suit.