MAYA DEVI Vs. RAJ RANI

JUDGEMENT

(1.) The second appeal has been admitted only in respect of mesne profit by the admission order dated 3.12.1998.

(2.) The plaintiff-respondent filed the suit for ejectment of the defendant from the suit property and recovery of rent due and mesne profits from the date of termination of the tenancy. Both the Courts below decreed the suit and awarded Rs. 400/- per month towards mesne profit with effect from 24.11.1992 the date of termination of the tenancy.

(3.) The learned counsel for the appellant contended that the decree of the Courts below directing the payment of mesne profits with effect from 24.11.1992 at the rate of Rs. 400/- per month is not supported by any evidence. According to him, though the defendant stated that the rent agreed between the parties is at the rate of Rs. 75/- the Courts below found that the rent was Rs. 200/- per month and the mesne profits should have also been awarded at that rate.