JUDGMENT :

1. There were two SCC revisions filed by U.P. Export Corporation Limited and Vinay Kumar Jain, i.e., the tenants and the landlord respectively under Section – 25 of the Provincial Small Causes Courts Act against the judgment and order dated 28.11.2005, passed by learned Additional District Judge, Court No.2, Lucknow whereby the suit filed by the landlord for ejectment was decreed and the tenant was directed to pay Rs.16000/-per month as damages for use and occupation of the shop in question till the date of vacation of the premises.

2. The tenant had preferred revision no.198/2005 challenging the decree for ejectment along with the quantification of damages for use and occupation of the premises. The landlord had filed civil revision no.201/2005 only against that part of the judgment of the trial court whereby it determined the mesne profits of the premises at the rate of Rs.5/-per square feet instead of Rs.50/- per square feet, as had been prayed for by the landlord.

3. This Court after noticing the facts before the learned trial court rejected the revision of the tenant but at the same time observed in para 17 & 18 of its judgment as follows :-

“17. With regard to enhancem