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Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of

A. Such property actually received or might have received together with interest

B. Property actually received including profits due to improvements made by such person

C. Such property actually received or might have received but without any interest on such profits

D. Such property actually received

Answer: Option A

Solution(By Examveda Team)

Mesne Profits: Definition
Section 2(12) of the Code of Civil Procedure (CPC) defines mesne profits as the profits which a person in wrongful possession of property has actually received or might with reasonable diligence have received during the period of his wrongful possession.

Explanation of Correct Option (A):
Option A, "Such property actually received or might have received together with interest," is the correct answer because it accurately reflects the definition. The "might have received" clause acknowledges that even if the wrongful possessor didn't actively collect all possible profits, they are still liable for what they could have received with reasonable effort. The inclusion of "together with interest" is crucial; the wrongful possessor isn't just accountable for the profits themselves but also for interest on those profits, representing compensation for the delay in receiving them by the rightful owner.

Why Other Options are Incorrect:
Option B is incorrect because it includes "profits due to improvements made by such person." Improvements made by the wrongful possessor don't increase the mesne profits; the rightful owner is not compensated for the improvements but for the loss of use of the property.
Option C is incorrect because it excludes interest. As mentioned above, interest is a vital component of mesne profits, accounting for the delayed receipt of rightful income.
Option D is too narrow. It only considers profits "actually received," ignoring the crucial "might have received" aspect of the definition. The wrongful possessor cannot escape liability simply by not actively maximizing profits from the property.

This Question Belongs to Law >> Code Of Civil Procedure

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