( 1 ) THE instant revisional application under Article 227 of the Constitution of India preferred by the petitioner is directed against Order No. 15 dated 16-1-2001 passed by the leaned Civil Judge (Senior Division) 9th Court, Alipore, South 24-Parganas in T. S. No. 1 of 2000. By the impugned order the learned trial Court rejected the application under Order 7 Rule 10 of the Code of Civil Procedure filed by the defendant/ petitioner.

( 2 ) THE facts leading to the instant revisional application may briefly be stated thus, The defendant/petitioner filed an application under Order 7 Rule 10 of the Code of Civil Procedure which has arisen out of the suit for recovery of khas possession, mesne profits and damages valued at Rs. 30,200/- i. e. , Rs. 7,200/- for recovery of khas possession, Rs. 10,000/- as mesne profits and Rs. 13,000/- as damages tentatively. It has been contended by the defendant/petitioner that in a suit like the present one a landlord cannot claim mesne profits for any period prior to a decree for possession and as such the claim for mesne profits as made by the plaintiff/opposite party prior to a decree for possession, is barred by law. It has been f