Suit for Mesne Profits

IN THE COURT OF THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE, district

Civil Suit No. _____ of year For recovery of mesne profits under Order XX Rule 12 of the Code of Civil Procedure 1908

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR RECOVERY OF MESNE PROFITS

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is the lawful owner of the immovable property described in paragraph 2 below, and is entitled to receive mesne profits from the Defendant in respect of the period during which the Defendant has remained in unlawful or wrongful possession of the said property without the consent of the Plaintiff.

2. DESCRIPTION OF THE SUIT PROPERTY: The suit property is more particularly described as follows. property_description. The said property is situated at property_location and is identified by Khasra No. khasra_number, in Mauza / Mohalla mauza, Tehsil tehsil, District district. Total measured area: total_area.

3. PLAINTIFF'S TITLE: The Plaintiff acquired absolute and indefeasible title to the suit property by way of mode_of_acquisition on acquisition_date. The relevant title document, namely title_document, is duly registered and is annexed in support of the Plaintiff's title.

4. UNLAWFUL POSSESSION BY DEFENDANT: The Defendant came into possession of the suit property on defendant_possession_start_date in the following circumstances: defendant_possession_circumstances. The said possession of the Defendant is wholly without the consent of the Plaintiff and is, in the eyes of law, the possession of a trespasser / unauthorised occupant.

5. DEMAND FOR DELIVERY OF POSSESSION: The Plaintiff, on becoming aware of the unlawful possession of the Defendant, demanded delivery of possession by way of notice dated first_demand_date. The Defendant either failed to respond or refused to deliver possession on the pretext of defendant_excuse.

6. ESTABLISHMENT OF PLAINTIFF'S RIGHT TO POSSESSION: By judgment / decree of this Honourable Court / by the operation of the title documents annexed, the right of the Plaintiff to possession of the suit property has been established / decreed. title_or_decree_basis. The cause of action for the recovery of mesne profits accrues from the date the Defendant entered into unlawful possession until the date of delivery of possession to the Plaintiff.

7. NATURE OF USE BY DEFENDANT: During the period of his unlawful possession, the Defendant has been using and enjoying the suit property as if owner thereof, including by defendant_use_description. The Defendant has thereby derived income and benefit from the suit property to the exclusion of the Plaintiff.

8. REASONABLE RENTAL VALUE: The reasonable rental value of the suit property, computed on the basis of comparable transactions in the locality and considering the nature, location, area, and condition of the suit property, is Rs. monthly_rental_value per month. The supporting comparable evidence, including rent receipts of similar properties in the vicinity, valuation report by a recognised valuer, or other documentary record, is annexed and marked as Exhibit P-2.

9. COMPUTATION OF MESNE PROFITS: The mesne profits payable by the Defendant to the Plaintiff are computed as follows: from mesne_period_start to mesne_period_end, at the rate of Rs. monthly_rental_value per month, for number_of_months months, total: Rs. total_mesne_profits. To this amount, the Plaintiff is also entitled to add interest at such rate as this Honourable Court may determine, from the dates the said amounts became due.

10. PROFITS / BENEFITS RECEIVED BY DEFENDANT: In addition to or in lieu of the reasonable rental value, the Defendant has actually received the following profits and benefits from the suit property: actual_benefits_received. The Plaintiff is entitled to recover such actual benefits as mesne profits under Section 2(12) of the Code of Civil Procedure 1908, with interest, at the option of the Plaintiff.

11. NOTICE OF DEMAND FOR MESNE PROFITS: The Plaintiff served upon the Defendant a written notice of demand dated mesne_demand_date, calling upon the Defendant to pay the mesne profits accrued to date with interest. The Defendant either failed to respond or refused to pay, leaving the Plaintiff with no alternative but to institute the present suit.

12. CONTINUING CAUSE OF ACTION: The cause of action for the present suit is a continuing one, accruing afresh each month during which the Defendant remains in unlawful possession of the suit property without payment of mesne profits to the Plaintiff.

13. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the suit property being situated wholly within the territorial limits of this Court and the value of the suit being within the pecuniary jurisdiction of this Court.

14. LIMITATION: The present suit is filed within the period of limitation prescribed by Article 109 of the First Schedule to the Limitation Act 1908 (three years from the time the profits were received by the wrong-doer), counted afresh for each month, and is otherwise within time.

15. NO PRIOR LITIGATION: Save and except prior_litigation_disclosure, there is no prior or pending litigation between the same parties in respect of the same subject-matter before any other forum. The Plaintiff has approached this Honourable Court with clean hands.

16. COURT FEE AND VALUATION: The Plaintiff has valued the present suit at Rs. suit_valuation for the purposes of court fee and jurisdiction. The requisite court fee of Rs. court_fee_paid has been affixed on the plaint in accordance with the Court Fees Act 1870.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree for recovery of mesne profits in the sum of Rs. total_mesne_profits in favour of the Plaintiff and against the Defendant, in respect of the period from mesne_period_start to mesne_period_end;

(b) Award further mesne profits at the rate of Rs. monthly_rental_value per month from the date of institution of the present suit until the date of actual delivery of possession by the Defendant to the Plaintiff;

(c) Award interest on the principal sum of mesne profits at such rate as this Honourable Court may determine, from the date the respective amounts became due until the date of payment;

(d) Direct the Defendant to render true and full accounts of all income, profits, and benefits received by him from the suit property during the period of his unlawful possession;

(e) Award the Plaintiff costs of the suit, including the expenses of valuation; and

(f) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 16 of the above plaint are true and correct to the best of my knowledge and belief, and that the contents concerning legal submissions are believed to be true on advice of counsel, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate