JUDGMENT :

GOUTAM BHADURI, J.

1. Heard finally with the consent of the parties taking into consideration that the nature of dispute is of eviction and plaintiffs are senior citizens.

2. The instant appeal is against the judgment and decree dated 29.7.2022 passed by the Court of Additional District Judge (FTC), Rajnandgaon in Civil Suit No. 17-A/2007 whereby the suit for declaration and eviction was allowed, however, the claim for mesne profit was denied. The appeal is preferred by Yusuf Gowri, who was defendant No. 1 before the trial Court. The cross objections has also been preferred by the plaintiff/respondents 1 and 2 for grant of mesne profits.

3. The suit was preferred by Smt. Pratibha Gupta and one Smt. Sarojani Gupta for declaration of possession, eviction and mesne profit. According to the plaintiffs, they own a superstructure of four storey building which is recorded in sheet No. 48A, Plot No. 130 admeasuring 74 square meters situated at Juni Hatri Rajnandgaon, which is more particularly shown in Annexure-A being part of the plaint. According to the plaintiffs, in the suit premises initially one Dr. Shrote was running his Clinic, who was tenant of one Mahant Dharmendra Das. It