VALMIKI J. MEHTA, J.

1. The respondent No.1/plaintiff No.1 has died during the pendency of the appeal and an oral request of learned counsel for the parties is accepted, whereby respondent No.2/plaintiff No.2 being the wife of respondent No.1/plaintiff No.1 is substituted as a legal heir of respondent No.1/plaintiff No.1. The name of respondent No.1 is, accordingly, deleted from the array of parties. For the sake of convenience the original plaintiffs are referred to as the respondents/plaintiffs.

2. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 16.4.2004 decreeing the suit of the respondents/plaintiffs for arrears of rent and mesne profits. The respondents/plaintiffs have also filed cross-objections in this appeal, inasmuch as, the respondents/plaintiffs claim that the arrears of rent ought to have been granted at Rs.10,000/- per month and not Rs.6,000/- per month, and there should be enhancement in the rate of the mesne profits granted.

3. The facts of the case are that the appellant No.1/defendant No.1 became a tenant in the first floor portion