A lessee is bound to put the lessor into possession of the property on the determination of the lease.

( 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 pursuant to a notice dated 16-12-1974 (Ex. D-1) allegedly sent by them to the Depot Manager of the plaintiff Corporation. After filing of the written statement by the defendant alleging that they had left possession of the suit premises, the plaintiff has taken possession of the premises. As such, the claim for eviction did not survive. However, the only dispute that remained to be decided was regarding the arrears of rent and mesne profits due to the plaintiff from the defendant in respect of the suit-premises.

( 4 ) FOR determining the amount due from the defendant it was necessary for the trial Court to resolve the controversy as to when the defendant restored possession of the suit premises to the plaintiff. According to the plaintiff-Corporation, it acquired possession of the suit premises only after knowing from the defendant's written statement dated 13-4-1977 that they had vacated the suit premises but according to the defendant-Association the suit premises were vacated by them on 31-12-1974 pursuant to their notice dated 16-12-1974 (Ex. D-1) to the plaintiff. The crucial point of controversy which arose on the pleadings of the party was as to on what date the defendant surrendered the possession of the suit premises to the plaintiff-landlord.

( 5 ) THE learned trial Court has given a finding that the defendant had given up the possession of the leased premises (Bus-stand) on 1-1-1975 and therefore, the plaintiff is not entitled to the rent of mesne profits thereafter. The trial Court accordingly decreed the claim of the plaintiff for an amount of Rs. 36. 00/- only and dismissed the suit for the remaining amount. Being aggrieved by the judgement and decree of the learned trial Court the plaintiff appellant-Corporation has filed this appeal. The defendant-respondent has, however, filed a cross-objection alleging excess amount paid to plaintiff appellant and claiming refund.

( 6 ) IN this appeal the plaintiff appellant has challenged the finding of the learned trial Court as to the delivery of possession of the suit premises and accordingly the amount of the rent and mesne profits payable to them by the defendant. But before the arguments on merits, the learned counsel for the defendant-respondent has raised a preliminary objection that this appeal is barred by limitation by six days. In reply the learned counsel for the appellant has submitted that it was due to counsel's mistake in calculation of the period of limitation. The certified copy was ready on 12-6-1979 which is also a date on which the applicant was told to appear. The certified copy, however, was delivered on 18-6-1979. It is submitted that the counsel for the appellant reckoned the time spent in copying with reference to the date of delivery of the certified copy and failed to not