RAMAMURTI, J. :- This appeal arises out of the final decree proceedings in a partition action. O. S. No 138 of 1949, in which the appellant-fifth defendant has been held liable for mesne profits in respect of a portion of a non-residential building which is situate in a centrally located, busy non-residential area in Karur town a reputed, wholesale and retail business centre. Mesne profits have been awarded from January 1946 till delivery of possession, which took place on 31-01-1964. As regards the quantum, a Commissioner who was appointed investigated into the matter and determined the mesne profits with reference to four distinct periods. The Commissioner also took note of the fact that the other portion of the building had been let out by the fifth defendant to one K.C. Venkataraman Chettiar at the rate of Rs. 55 per mensem and this rate has been taken into account by the Commissioner in fixing the quantum. After a careful scrutiny of the Commissioner's report and the evidence, the trial Court fixed the mesne profits at the rate of Rs. 20 per month from 21-1-1946 to 20-1-1949 and at the rate of Rs. 25 per month from 21-1-1949 till delivery of possession in January 1954