( 1 ) THE respondents-plaintiffs filed a suit in the trial court for possession of the plaint schedule properties, mesne profits and damages. The trial court decreed the suit for eviction and awarded mesne profits at the rate of Rs. 60 per day and disallowed the claim for damages. The defendant appealed and the plaintiffs filed cross-objections regarding the disallowed part of the claim. The lower appellate court confirmed the decree for eviction and enhanced the rate of mesne profits to Rs. 75 per day and also awarded damages of Rs. 5000 with interest thereon at six per cent per annum from the date of suit. The Defendant has come up in second appeal.

( 2 ) THE suit schedule properties consist of buildings standing on two sy. Nos. 10/1 and 10/2, the total extent of which is 46 cents located in the heart of Mangalore. It is near the Hampankatta bus-stand, Government arts and Science College and Government Officers and Banks. The properties belong to Sri P. A. Pandit, an officer in the Indian Air Force. They are administered by his mother and Power of Attorney Holder Smt, Pandit ramabai. There is a big building with 33 rooms wherein a Lodging and! boarding Hotel as well as a Rustaura

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