Can courts recover mesne profits from unauthorized tenants as agreed?

Do courts allow recovery of mesne profits/damages from the unauthorized tenants of residential flats at the rates specified in the registered agreement, or are these decided by the courts on case to case basis and, if so, on what basis?

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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Mar 2025

Courts determine mesne profits/damages for unauthorized tenants on a case-by-case basis, considering factors like market rent, contractual terms, and loss suffered by the owner. While registered agreements may guide compensation, courts assess fair rent and unjust enrichment principle in the law. For legal action, consult a law expert.

Admin
Advocate By LEAD INDIA Answered: 27 Feb 2025

Sir, to recover mesne profits or damages from unauthorized tenants, you should first serve a legal notice asking them to vacate the property. If they refuse, you can file for eviction in court and claim compensation based on the current market rate or the loss you suffered. The courts will decide the amount based on factors like occupation duration and market value. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

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