What is mesne profits ?? I had filed eviction case on tenant for arrears of rent non user and change of user . I asked my advocate to file rent recovery application but he suggested not to apply as it will make our ground of arrears weak if tenant pays the rent. I asked the same question on othe free legal advice site there one advocate adviced me to file mesene profit application instead of rent recovery application. Which is order XV-A of CPC of Maharashtra ammendment Please explain me in details about this order

Mesne profits refer to the profits that a person in wrongful possession of land is liable to pay to the rightful owner. In your case, if you have filed an eviction case against the tenant for arrears of rent, non-user, and change of user, and your lawyer has advised against applying for rent recovery as it might weaken your claim of arrears if the tenant pays the rent, you may consider filing a mesne profit application instead.

In Maharashtra, Order XV-A of the Code of Civil Procedure (CPC) deals with the recovery of mesne profits. This order was introduced to facilitate the process of recovery of mesne profits in cases pertaining to immovable property.

When a person is wrongfully in possession of immovable property, the rightful owner can claim mesne profits for the period during which the property was wrongfully possessed. These profits can include the fair rent or compensation that the owner would have received if the property was lawfully possessed.

By filing a mesne profit application under Order XV-A of the CPC in Maharashtra, you can seek to recover the profits that you would have earned from the property if the tenant had not been in wrongful possession. This can help you claim the amount due for the period of wrongful possession and can strengthen your case for eviction.

It is advisable to consult with your lawyer and understand the implications of filing a mesne profit application and how it can benefit your case. Your lawyer can guide you through the legal process and help you recover the rightful dues from the tenant.