JUDGMENT

Satish Chandra, J. - The plaintiff is the appellant. The suit was for recovery of mesne profits and damages. The plaintiff is the owner of the premises. He alleged that the defendants obtained an order of allotment on 3rd November, 1948, and in pursuance thereof took possession of the house on 5th November, 1948. The possession of the promises was ultimately restored to the plaintiff on 4th June, 1954. He claimed Rs. 6,700/- as mesne profits for this period of five years and seven months at Rs. 100/- per month. He also alleged that the defendants had damaged the property and removed certain materials and fixtures, and claimed Rs. 2,590/- as damages on this score. In defence, it was pleaded that possession was taken in pursuance of an order of allotment, on the basis of which by operation of law, a relationship of landlord and tenant came in existence between the parties. No rent was agreed upon between the parties. Consequently, the plaintiff was entitled to no more than the reasonable rent due under the U.P. (Temporary) Control of Rent and Eviction Act, which would be Rs. 600/- per annum. It was claimed that possession of the property was surrendered back to the plaintiff