New Enroll for RBI, PFRDA & NABARD Intro Class! April 18 at 9:15 PM

    Question

    Where a suit is for the recovery of possession of

    immovable property & for mesne profits, the court may pass a decree directing an inquiry as to mesne profits from:
    A The date of dispossession of the property until the delivery of possession to the decree-holder Correct Answer Incorrect Answer
    B The institution of the suit until the delivery of possession to the decree- holder Correct Answer Incorrect Answer
    C The date of decree until the delivery of possession to the decree- holder Correct Answer Incorrect Answer
    D The date of judgment until the delivery of possession to the decree-holder Correct Answer Incorrect Answer

    Solution

    CPC: Order 20 Rule 12 of the Code refers to the manner in which a decree may be passed in a suit for possession of immovable property and for rent/ profits. Sub clauses (a) to (c) of sub section (1) and sub section (2) of Order 20 Rule 12 refer to the procedure as follows: "Rule 12 Decree for possession and mesne profits- (1) Where a suit is for the recovery of possession of immoveable property and for rent or mesne profits, the Court may pass a decree- (a) for the possession of the property; (b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for mesne profits or directing an inquiry as to such mesne profits; (c) directing an inquiry as to rent or mesne profits from the institution of the suit until- (i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court, or 23 (iii) the expiration of three years from the date of the decree, whichever event first occurs.

    Practice Next