( 1 ) THIS is a tenants second appeal against the decree of the District Judge of Bulandshahr awarding the landlord mesne profits against the appellant at the rate of Rs. 60/- per mensem. The plaintiffs-respondents filed a suit for the ejectment of the appellant Chiranji Lal on two grounds--namely, that he had defaulted in payment of rent and illegally sub-let a portion of the accommodation without the consent of the landlord. The plaintiffs served on the appellant a notice terminating the tenancy in which- he was warned that if he did not vacate the accommodation within one month he would be liable to pay for the use and occupation at the rate of Rs. 60/- per mensem. He refused to vacate and contested the suit. All his pleas were rejected and the decree for ejectment and arrears of rent as well as mesne profits passed against him. He has now come to his Court in Second Appeal.

( 2 ) LEARNED counsel for the appellant stated that the decree for ejectment and arrears of rent was not challenged, but the appellant objected to the rate of mesne profits which had been fixed at rs. 60/- per mensem. Learned counsel pointed out that the controlled rent of the accommodation