Judgment

N. L. UNTWALIA, J. - This is an appeal by certificate from the decision of the Madhya Pradesh High Court affirming the final decree of mesne profits made by the trial Court in favour of respondent No. 1 (hereinafter called the respondent) against the appellant. Only a few facts are necessary to be stated. The respondent was the landlord of the premises known as Jairam Theatre in the town of Raipur. The appellant was given a lease of the said property by the respondent in the year 1940 for a period of 10 years. On the expiry of the said period, the lease was renewed by a Registered Deed dated August 18, 1951 w.e.f. May 22, 1950 for a further period of 10 years. In this lease the agreed rent payable was fixed at Rs. 1,600/- per month. The lease expired on May 21, 1960. Since the appellant did not vacate the premises on expiry of the lease by efflux of time under Sec. 111 (a) of the Transfer of Property Act, the respondent filed a suit against him on June 25, 1960 for eviction, rent and mesne profits. The trial Court passed a decree of eviction on November 3, 1962. The appellant filed an appeal in the High Court which was dismissed on February 26, 1964. The decision of the Hig