AIR 1979 PATNA 11 ::(1978) BLJ 528 ::1978 BLJR 820

Patna High Court

Hon'ble Judge(s): Medini Prasad Singh , J

Civil P.C. (5 of 1908) , S.2(12), O.20 R.12— Mesne profits - Basis on which it should be determined. The criterion for calculation of mesne profits is that mesne profits can only consist of what the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom.(Para 5) The second principle is that in determining the question of mesne profits the Court should aim at doing justice between the parties having regard to all the circumstances of the case, the object being to see that the person wrongfully kept out of possession is put in the same position financially as if right had been done. AIR 1917 Pat 421; (1900) ILR 27 Cal 951 (PC), Rel. on.(Para 5) The true test must be what the ordinary prudent agriculturist would have grown.(Para 5) Anno : AIR Comm. C.P.C., 9th Edn., O.30 R.12 N.5. .....