ORDER

The Appellant herein is the landlady. She filed a suit for possession, damages as well as mesne profit. The suit was decreed on 30th April, 1994 and the tenant was required to pay mesne profit @ Rs. 10,000/- per month. Thereafter the Respondent preferred an appeal before the High Court of Judicature at Allahabad against the decree passed by the trial Court. During the pendency of the appeal, the tenant deposited mesne profit with effect from 22nd January, 1991 @ Rs. 10,000/- per month. Subsequently, when the first appeal came up for hearing before the High Court, it was found that the landlady has not terminated the tenancy by giving notice under Section 106 of the Transfer of Property Act. On this short ground, the appeal was allowed and decree of the trial Court was set aside. It is against the said decision of the High Court, the landlady is in appeal before us.

2. After the judgment of the High Court, the landlady terminated the tenancy by giving notice under Section 106 of the Transfer of Property Act and thereafter filed a suit for possession and mesne profit. The trial Court decreed the suit and awarded mesne profit @ Rs. 5,000/- per month. The tenant on the basis of th