JUGGMENT - COUTO G.F., J.: - This second civil appeal by the original defendant in the suit was initially admitted on the following substantial question of law: Whether a lease created for commercial purposes under the provisions of the Decree No. 43,525 dated 7th March, 1961 continues to be heritable under the provisions of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. However, at the hearing of the appeal, another question was also allowed in respect as to whether the mesne profits can be fixed in excess of the rent which would be payable for the rented premises under the provisions of the Rent Control Act.

2. The respondent had filed a suit for eviction against the appellants on the grounds, that they are the owners of a house situated at - Panaji and that by an agreement dated 10th July, 1946, their predecessors in title had given the said house on lease to one Domingeos Pedro Xavier Fernandez, late husband of the appellant no. 1 and father of the appellant no. 2. The rented premises consisted of fifteen compartments on the first floor and two on the ground floor of the said building and had been rented for the purpose of running a hotel. The sai

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