Chandra Bhushan Bajpai, J.

1. By this first appeal under Section 96 of the Code of Civil Procedure (in brevity 'Code'), the appellant/defendant No. 3 has challenged the legality and propriety of the judgment and decree dated 2-8-1999 whereby and whereunder learned Court below has decreed the suit filed by the respondents No. R-1 and R-2 against the appellant and other respondents and ordered that all the defendants including appellant shall jointly and severally pay the arrears of rent Rs. 87,000/- to respondents No. R-1 and R-2 along with Rs. 21,000/- mesne profit and also to pay mesne profit at the rate of Rs. 200/- per day from the date of presentation of suit till possession of the suit property.

Brief facts of the civil suit filed before the Court below as follows:--

Respondents No. 1 and 2/plaintiff filed a civil suit before the court below in which they had pleaded that the suit house belongs to them which was given to respondent No. 3/Def. No. 1 on rent. He had not paid rent from October, 1993, also closed the suit house and left for elsewhere. Respondent No. 1 and 2 by filing the civil suit prayed for arrears of rent. Even after notice, respondent No. 3/defendant No.