Judgment

SHINGHAL, J. :- This appeal by certificate is directed against the appellate judgment of the Calcutta High Court dated July 25,1967 upholding the trial Courts view that the "existing rents" would be a "fair measure" of the mesne profits claimed by the appellant.

2. The suit in question was filed by the appellant for possession of the suit premises and for mesne profits or dameges, or an enquiry into mesne profits and damages, and other consequential reliefs. The trial Court granted a decree for possession and for arrears, as well as for mesne pofits at the rate at which the premises had been let out to the defendent. It took the view that the rent permissible by the Rent Act should determine the mesne profits. The plaintiiff felt aggrieved and claimed that he was entitled to mesne profits according to the pPresent rental value" of the premises which it assessed at Rs.60/- per 100 sq. feet . It preferred an appeal and as it has been dismissed by the impugned judgment of a Division Bench of the court dated July 25,1967, it has come up to this Court in appeal by ceritficate.

3. It is quite clear from,the plaint that the plaintiff specifically claimed, inter alia,that it was enti