VALMIKI J. MEHTA, J

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff/landlord impugning the Judgment of the Trial Court dated 30.11.2005 whereby the trial court has dismissed the suit for the claim of the appellant/plaintiff/landlord towards damages/mesne profits for the period after termination of tenancy, on the ground that the tenancy of the respondent/defendant did not stand legally/validly terminated in terms of the appellant’s/plaintiff’s Notice dated 04.04.2001. The issue of damages/mesne profits was for the period from 01.05.2001 till the respondent/defendant admittedly vacated the suit by depositing the keys in the Court on 19.07.2003.

2. I may note that originally the suit filed by the appellant/plaintiff/landlord was for both the relief of possession as well as mesne profits, but since possession of the suit/tenanted premises was surrendered, by depositing the keys of the suit premises in Court on 19.07.2003, the issue, therefore, remained only with respect to the claim/entitlement of the appellant/plaintiff/landlord for damages/mesne profits from 01.05.2001 till 19.07.2003.

3. I may also note that