( 1 ) C. C. C. A. NO. 77 of 1997 is the first appeal filed by the defendant under section 96, CPC and it is directed against the judgment and decree dated 21-2-1997 passed in the suit O. S. No. 1227 of 1986 on the file of the 6th Additional judge, City Civil Court, at Hyderabad, decreeing the suit. Cross Objection in C. C. C. A. No. 77 of 1997 filed by the plaintiffs directs against the same judgment and decree as regards the rejection of the claim of the plaintiffs for a sum of Rs. 5,000/- towards the compensatory mesne profits for the month of September, 1986 and the future compensatory mesne profits at the rate of rs. 5,000/- per month. The parties are referred to in this judgment as they are arrayed in the suit Originally the deceased - plaintiff No. 1 viz. , S. B. Chitnis filed the suit for evicting the defendant from the suit schedule property i. e. , pacca built double-storeied buildings with mulgies bearing Municipal no. 4-4-266 along with the portion of godown in underground consisting of two halls and three rooms on the northern side situated opposite to Residency main Gate, Sultan Bazar, Hyderabad. During the pendency of the suit S. B. Chitnis died. Plaint