Imagine someone occupies your property without right – maybe a tenant refuses to vacate after the lease, or a relative continues living there even after you revoke permission. You’re not just losing possession; you’re also losing potential income. That’s where mesne profits come in.
Mesne profits are compensation for the period during which a person has wrongfully enjoyed possession of your property. The idea is simple: if they had not occupied it, you could have rented or used it yourself. So they should pay for that unauthorised benefit.
Courts usually calculate mesne profits based on reasonable market rent for similar properties in that area, sometimes with an extra component if there is clear bad faith. Evidence like local rent agreements, broker quotes, and past rent receipts become important.
Typically, you ask for mesne profits in the same suit where you seek possession. Once the court decides that the other side had no right to stay and passes a decree for eviction, it can also direct an enquiry into what amount they should pay for the time they overstayed.
This remedy discourages people from “time-pass litigation” and enjoying free occupation by delaying cases. It sends a clear message: even if you manage to hold on for years, you may have to pay for every month of wrongful stay later.
