JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. The revisional jurisdiction of this Court has been invoked challenging the common judgment and order dated 5th September 2022 passed by the Appellate Court in appeals filed by both the parties against the Judgment dated 22nd August 2015 passed by the Small Causes Court in Mesne Profits Application No.6 of 2010. Vide the impugned judgment, the Applicant is directed to pay mesne profits at the rate of Rs.1,24,099/- per month for the period from 22nd January 2002 to 31st March 2012 along with interest at the rate of 6% p.a.

3. The facts of the case are that the Applicant is a company registered under the Companies Act and was the tenant of Respondent since the year 1958 at monthly rent of Rs.200/- in respect of Shop no. 8 situated on the ground floor of Respondent-Cooperative Housing Society. At the time of filing of eviction suit, the monthly rent of the suit premises was Rs 313/-. Vide legal notice dated 11th September 2001, the tenancy agreement of Applicant was terminated. T. E. Suit No.21/23 of 2002 was instituted by the Respondent before the Small Causes Court seeking eviction of the Applicant and an inquiry for mesne profits under Order XX Rule 12 of CPC which came to be decreed vide judgment and order dated 2nd August 2005. As against the said judgment and order, Appeal No. 229 of 2005 was filed by the Applicant which came to be dismissed by the Appellate Court by judgment and order dated 28th July 2010.

4. Civil Revision Application No. 912 of 2010 was preferred before this Court, which was dismissed on 27th April 2011. SLP Civil 14753 of 2011 filed before the Apex Court came to be dismissed by order dated 16th September 2011 and the applicant was granted time to hand over possession of the suit premises on or before 31st March 2012.

5. Mesne Profits Application No. 6 of 2010 was filed in T. E. Suit no. 21/23 of 2002 seeking an inquiry into the mesne profits under Order XX Rule 12 of CPC. The Respondent appointed Mr. Roshan H Namavati, an Architect and registered estate valuer who submitted valuation report dated 18th May, 2010 on the basis of which the Respondent claimed Rs.2,08,49,018/-as arrears of mesne profits upto 31st July, 2010 and Rs.2,82,318/- per month as mesne profits from 1st August, 2010 till handing over possession alongwith interest @ 6% p.a. The application was resisted by the Applicant contending that the suit building is more than 70 years old and is dilapidated. It was contended that considering the present day position, locality and amenities, rate claimed by the Applicant was highly disproportionate and the instances of the valuer are not comparable.

6. The Small Causes Court by judgment dated 22nd August 2015 allowed the mesne profits application and directed the applicant to pay Rs. 1,07,040/- per month for the period from 22nd January 2002 to 31st March 2012 alongwith interest @ 6% p.a. Both parties challenged the judgment of the Trial Court and vide common judgment dated 5th September 2022 the appeal filed by the applicant was dismissed and the appeal filed by the respondent was partly allowed increasing the amount of mesne profits to Rs. 1,24,099/- per month from 22nd January, 2002 to 31st March, 2012.

7. Heard Mr. Shyam Dewani, learned counsel appearing for the Applicant and Mr. S. C. Naidu, learned counsel appearing for the Respondent.

8. Mr. Dewani, learned counsel for the Applicant submits that the mesne profits application being filed after period of five years from the date of decree of eviction was barred by limitation as also the period for which mesne profits can be granted is three years preceding the application for mesne profits whereas in the instant case the mesne profits is granted for period of eight years preceding the application. Pointing out to the averments in mesne profits application, he would contend that it is the case of Respondent that there is no specific order staying th