SANJIB BANERJEE, J.

(1.) THE advocate commissioners assessment of mesne profits is assailed by both sets of parties: to a larger extent by the defendant on the monthly rate arrived at; and, to a lesser extent by the plaintiffs on the count of interest.

(2.) THE defendant vacated the Lord Sinha Road building flat on October 31, 1999, having overstayed its invitation by some eight years after the expiry of the tenure covered by the lease. The inquiry into mesne profits of the third floor flat on one of the older highrises in the city was pursuant to a direction of court. The suit premises include an apartment with a carpet area of about 1804 sq. ft. which works out to a super built-up area of about 2405 sq. ft. In addition to the enjoyment of the flat came the servants quarters of floor area of 60 sq. ft. translating to a super built-up area of 75 sq. ft. and a covered car parking space to accommodate a decent-sized car.

(3.) UNDER the lease of January 16, 1965, the defendant was required to pay monthly rent of Rs. 950/- for a period of 21 years with an option for extension. The plaintiffs claimed possession upon asserting that the defendant was not entitled to remain in