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Section 42: Suits for mesne profits

The Karnataka Court-Fee and Suits Valuation Act, 1958.State Act of Karnataka · Act 16 of 1958

(1) In a suit for mesne profits or for immovable property and mesne profits, fee shall in respect of mesne profits be computed, where the amount is stated approximately and sued for, on such amount. If the profits 25 ascertained to be due to the plaintiff are in excess of the profits as approximately estimated and sued for no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained is paid.

(2) Where a decree directs an enquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits accrued due till the date of such decree is paid.

(3) Where, for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits at a specified rate, such decree or final decree shall not be executed until the fee computed on the amount claimed in execution has been paid.

Where this provision sits

ActThe Karnataka Court-Fee and Suits Valuation Act, 1958.
Section42
Marginal noteSuits for mesne profits
JurisdictionState of Karnataka
StatusIn force as published by the source

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