GUL BANO vs SHAHNAZ BANO S — 2023 CLC 861 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 861 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: GUL BANO vs SHAHNAZ BANO S
Subject matter: Criminal
Provisions referred to: S. 2

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GUL BANO VS SHAHNAZ BANO S.2(12) & O.XX, R.12---Suit for partition of property and recovery of mesne profits---Co-owner---Possession, deprivation of---Plaintiff sought partition of suit property and recovery of mesne profit on the plea that she was co-owner of suit property which was in possession of defendants---Validity---Mesne profit is damage or compensation recoverable from a person, who has been in wrongful possession of an immovable property---Wrongful possession is the very essence of claim for mesne profit---For seeking mesne profit, a person must be owner of captioned property or having right to its possession---Term "mesne profit" under S.2(12), C.P.C., means to include those profits, which a person in wrongful possession of such property actually received (or with the ordinary diligence) have received therefrom--- Person becomes entitled to mesne profit only when he has right to obtain possession from another person whose possession is unauthorized and who keeps the former deprived of such a possession--- First and foremost condition for awarding mesne profit is unlawful possession of the occupant of property---High Court apportioned decree under O.XX, R.12, C.P.C., in the manner that the defendants were held liable to pay share of rental value calculated for the duration when defendants took over the possession as mesne profit to plaintiff---Suit was decreed accordingly.

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