Delhi High Court, while dismissing an appeal of Hindustan Petroleum Corporation, held that an undisputed testimony of a landlord in support of his claim for mesne profits at a certain rate was sufficient evidence.

The appellant had moved to the Delhi High Court, challenging the order of the trial court granting mense profits to the Respondent landlord at a rate of Rs.2,00,000/- per month with an annual enhancement of 10%, in a suit for possession of property.

Justice Rekha Palli, while dismissing the appeal held that “Clearly, the trial Court has taken judicial notice of the interim award granted by the Hon’ble Supreme Court . Thus, I find no merit in the appellant’s contention that the mere factum of the amount of mesne profits, as awarded by the trial Court and the Hon’ble SupremeCourt, . This contention, at best, is a shot in the dark by the appellant to substantiate its claim that the amount of mesne profits awarded in the instant case is erroneous.”

“Even otherwise, the calculation of mesne profits always involves some guesswork and the Courts have, in several cases, taken judicial notice of the prevalent market rents of different areas within the city while awarding mesne profits.” The Judgement further read

-India Legal Bureau