There is no provision for assessment of mesne profits in a suit for possession without an enquiry in terms of the Order XX Rule 12 of CPC -- No such enquiry has either been conducted by trial Court – Held, no justification for the lower appellate Court to fix the mesne profits and direct the petitioner to pay the amount along with arrears.

(P&H HC) Reserved on: 14.10.2022 Decided on: 01.11.2022

Suit property was never rented out to the petitioner, nor had its rent been assessed -- Therefore, the concept of depriving the landlord of rent during pendency of appeal does not apply -- Respondent cannot claim mesne profits based upon the law laid down by the Supreme Court in the case of M/s Atma Ram Properties (P) Ltd., 2005 (1) RCR (Civil) 212.

(P&H HC) Reserved on: 14.10.2022 Decided on: 01.11.2022