Authority: High Court of Judicature at Bombay
Order Date: 18 September 2026
Case Overview
- Applicant: Jain Sahakari Bank Limited (Defendant No. 2 in the original eviction suit).
- Respondents: Asit Dhankumar Javeri and others (original Plaintiffs/Trustees of Sheth Hirachand Gurnanji Dharmashala Trust).
- Underlying dispute: The Trust owned "Hira Baug" property; Defendant No. 1 (tenant) allegedly sub‑let Shop No. 10A to Jain Sahakari Bank without landlord consent, causing alleged nuisance.
- Trial Court (15 Oct 2018) decreed eviction and ordered vacant possession.
- Appeal No. 3 of 2019 (filed by Jain Sahakari Bank) was dismissed by the Appellate Court on 5 Feb 2026, confirming eviction and directing a separate inquiry into mesne profits from the suit’s institution date.
- Jain Sahakari Bank filed Civil Revision Application No. 285 of 2026 challenging both the trial‑court possession order and the appellate‑court mesne‑profit inquiry, arguing lack of pleadings for mesne profits.
- Central legal issue: Whether the Appellate Court could award mesne profits under Order XLI, Rule 33 of the CPC when the original suit contained no specific prayer for such relief.
- The Court examined Supreme Court precedents (Banarsi v. Ram Phal, Sattarsha Dibarsha v. Ajizabi Dilbarsha, Narayanrao (Dead) v. Sudarshan) discussing the appellate court’s jurisdiction to grant mesne profits in the interest of justice even without explicit pleadings.
Final Outcome
- The High Court held that, in view of the cited precedents, the Appellate Court was justified in directing a mesne‑profit inquiry from the date of suit.
- No error was found in the appellate or trial court orders; consequently, the Civil Revision Application was dismissed.
- The eviction decree and the direction for a separate mesne‑profit inquiry remain in force.
Topics: Eviction, Mesne Profits