( 1 ) THIS application, under section 151 of the Code of Civil Procedure, for fixing an interim amount as damages/mesne profits payable to the plaintiff, with direction to the defendant to pay the same every month to him, has been filed by the plaintiff in his suit for recovery of possession, mesne profits/compensation and injunction etc. in the following circumstances:

( 2 ) THE plaintiff is the owner of a commercial property, bearing no. B-59/1, Naraina Industrial Area, Phase-II, New Delhi. According to him the defendant had taken a portion of the said property, shown "green" in the plan attached with the plaint, on 26 May 1980 and later on 1 May 1981, each time for a period of 11 months, at a rental of Rs. 4,500. 00 per month. His case is that the defendant, in or about the year 1983, encroached upon the other portion of the property, in area app. 3193 square feet, detailed in para 8 of the plaint and shown "red" in the plan, where the defendant unauthorisedly made some constructions also in the form of Mezzanine in the said portion; the plaintiff by notice terminated the defendant s tenancy regarding the demised premises and the defendant having not vacated it, he