JUDGMENT - A.A. DESAI, J.:---This revision raises a question whether appeal against an order passed in a Mesne Profit Case, is a continuation of original suit proceedings for eviction and possession.

2. The non-applicants/plaintiffs on 1963 inducted applicant-defendant as a tenant in breach of Clauses 22 and 23 of the Rent Control Order. The plaintiffs filed a suit bearing No. 834 of 1966 for eviction, possession and future mesne profits. The applicant-defendant resisted the claim amongst other on the ground that proceedings for eviction and possession are not tenable for want of requisite permission from Rent Controller. The learned trial Court rejected the plea and on 19-12-1968 decreed the suit. The decree for eviction, possession and enquiry into future mesne profits has been confirmed in 1970 by this Court in Second Appeal. The non-applicants by executing decree, on 22-12-1972 took possession of the suit premises.

3. The decree-holders/N. As. thereafter on 29-11-1975 filed Mesne profits Case No. 21 of 1975. The learned trial Court on 14-12-1982 awarded mesne profits at the rate of Rs. 200/- per month. The decree holder/N. As. since dis-satisfied, preferred an appeal, where i

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