The Code Of Civil Procedure 1908
Order 20 :
Rule 12 :
Decree for possession and BImesne profits :
(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree-
(a) for the possession of the property;
1.[(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 the mesne profits or directing an inquiry as to 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
(iii) the expiration of three years from the date of the decree, whichever event first occurs.
(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry.
State Amendment :
High Court Amendments-[Andhra Pradesh] :
Same as that of Madras.
[Bombay] :
In Order XX, for the existing rule 12 and its marginal note, substitute the following as rule 12 and marginal note:
"12. Decree for possession and mesne profits.-(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree
(a) for the possession of the property;
(b) for the rent or mesne profits which have accrued on the property during the period prior to the institution of the suit, or directing an enquiry as to such rent or mesne profits;until
(c) directing an inquiry as to rent or mesne profits from the institution of the suit
(i) the delivery of possession to the decree-holder, or
(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court.
(2) Where an inquiry is directed under clause (b) or clause (c) or sub-rule (1) above, a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry."-(1-10-1983).
[Karnataka] :
Same as that of Madras except that for the words "the final decree" the words "a final decree" are substituted.-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
Same as that of Madras-(9-6-1959).
[Madras] :
Add the following to Order 20, rule 12:
"(3) Where an Appellate Court directs such an inquiry, it may direct the Court of first instance to make the inquiry, and in every case the Court of first instance may of its own accord, and shall whenever moved to do so by the decree-holder inquire and pass the final decree."
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1. Substituted by Act 104 of 1976, section 70, for clause (b) (w.e.f. 1-2-1977).
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