I.P MUKERJI, J.

This is an appeal from a Judgment and decree dated 15th June 2009 passed in a suit for eviction and mesne profit. The decree was for recovery of property which was the subject matter of the suit and for mesne profits. The rate of mesne profits was at the rates mentioned in Exhibit N with interest at the rate of 10 %.

The defendant is up in appeal. At the time of preferment of the appeal they were aggrieved both by the decree for eviction and mesne profit. During the hearing of the Appeal, the first point was given up as it was realized by them that there was no substance in it. Only the point about mesne profit was pressed. Such is the stand even in the written notes of argument.

But none the less some facts are to be noted .By a registered deed of lease dated 22 February, 1969, the first floor of 1, Shakespeare Sarani, Calcutta was demised to the appellant defendant for 21 years. The area was 12,108 square feet. One clause in the lease became controversial. It was that on completion of eight years, the appellant defendant had the option to terminate the lease. It did not do so .But nevertheless according to the appellant defendant by the proviso to s3