Whether court can grant mesne profits even if it is not proved that defendant is in unauthorized occupation of the premises?

 No claim for mesne profits can be allowed without first finding the defendant being in unauthorized occupation of the premises, as is evident from definition thereof in Section 2(12) of CPC.

IN THE HIGH COURT OF DELHI

FAO(OS) 579/2013 & CM No. 20049/2013 (for stay)

Decided On: 13.05.2014

 Santosh Arora and Ors.Vs. M.L. Arora

Hon'ble Judges/Coram:

G. Rohini, C.J. and Rajiv Sahai Endlaw, J.
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