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Matter of granting future mesne profits is exclusively within the trial court’s discretion

In M/s Suvarn Rajaram Bandekar v. Armando Cardozo, the trial court to allow all amendments in the prayer except the prayer with respect to compensation/mesne profits. On appeal, the High Court held that once the substantive amendment had been granted, the trial court could not have refused to allow introduction of a prayer claiming mesne profits. It stated that “the matters about grant of future mesne profits i.e. from the date of filing of the suit till the delivery of possession are exclusively within the discretion of the Trial Court.” Future mesne profits were held to be of two types: from the date of the filing of the suit till the decree is passed and from the date of the decree till actual delivery of the possession. The amendment was subsequently allowed.

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