As per Section 2(12) of CPC, 'mesne profits' of property are profits received by a person in :

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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As per Section 2(12) of CPC, 'mesne profits' of property are profits received by a person in :

A: Unlawful possession of the property

B: Wrongful possession of the property

C: Lawful possession of the property

D: Effective possession of the property.

The answer is: B

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Explanation

The correct option is B: Wrongful possession of the property.

As per Section 2(12) of the Code of Civil Procedure, 1908, mesne profits are the damages or compensation recoverable from a person who has been in wrongful possession of immovable property.

The term 'wrongful possession' implies that the person occupying the property has no legal right or title to do so, and is depriving the rightful owner of the benefits and enjoyment of the property. Mesne profits are calculated based on the actual loss suffered by the owner, the fair market value of the property, and the profits derived by the wrongful possessor. Mesne profits are a mode of restitution and deterrence for the legal wrong of trespassing or encroaching on another's property.