20/04/2024
Mesne profits — Claim for mesne profit — Scope:
کسی کو حق نہیں کہ کسی کی جائیداد کو اپنے تصرف میں لائے
جولائےگا، اسے زرفوائد قبضہ کے ساتھ دینا ہوں گے
Any person in possession of the property enjoying benefit therefrom to the exclusion of rightful owner, plaintiff was liable to pay rent or mesne profit.
Contention that defendant being Co~owner, plaintiff could not claim mesne profit, was not substantiated by any law.
Plaintiff who claimed mesne profit, had to show that he was owner of the property & that defendant was in wrongful possession thereof.
Even a Co~owner - مشترک مالک could be in wrongful possession, when he occupied the property to the exclusion of the other rightful Co~owner. Co~owner - مشترک مالک in possession to the exclusion of other Co~owner - مشترک مالک in such case, could be held liable to the extent of his unauthorized or hostile occupation, possession or enjoyment استفادہ thereof.
{1} Once a person established & Court came to a conclusion that person was entitled to any right or share in the property; & he was being deprived of use of such right or share in property by the other person, then the owner who was out of possession or enjoyment استفادہ would become entitled to claim those profits actually received by person in unlawful possession or enjoyment استفادہ of such part thereof, as the case could be.
Conclusion of the Court that suit for mesne profit was not maintainable, was not sustainable & accordingly was set aside.
[2007-CLC-621]
Muhammad Anwar Vs. Dr. Gohar Ali [Karachi (Sindh)]