Code of Civil Procedure, 1908–Sec. 2(12)–Award of mesne profit–When can a person be said to be in wrongful possession, and whether only by virtue of a decree of specific performance in his favour, the person would be entitled for mesne profit as a compensation ?–Held, until a conveyance is actually executed pursuant to an agreement of sale, the promisee under the agreement is not entitled to any proprietary interest in the property at all–Even on the passing of a decree for specific performance, no title passes until a conveyance is actually executed by the defendant in obedience to the decree or orders of the Court in the execution of decree–Until the title actually passes to the plaintiff, the defendant continues to be the owner of the property and he cannot be said to be in unlawful possession thereof so as to hold him liable for mesne profit.
