( 1 ) THIS is an appeal filed by the plaintiff-Corporation against the judgement and decree dated 25th April, 1979 passed by the VII Additional District Judge, Indore in Civil Suit No. 20-A of 1977, whereby the learned trial Court has disallowed major portion of the suit claim of arrears of rent and mesne profits in respect of the suit premises.

( 2 ) IT is not disputed that the defendant-Association had taken the premises of the old bus stand known as 'ahilya Bus Stand' on lease at the rate of Rs. 1800/- per month from 1-7-1973 and had paid rent till Sept. 1974 and had initially deposited one month's advance rent as security.

( 3 ) THE plaintiff-appellant filed the suit on 1-5-1976 for eviction and arrears of rent alleging that the defendant had taken the said Bus Stand on lease from the plaintiff and the defendant did not pay the rent for the period after Sept. 1974 in spite of notices dated 20-12-1974, 1-1-1975 and 3-4-1975. The plaintiff claimed ejectment and arrears of rent and mesne profits amounting to Rs. 65,800/ -. The defendant-Association in their written statement filed on 13-4-1977, stated that they had already vacated the suit premises on 31-12-1974 pu