( 1. ) THE facts in brief shorn of details and necessary for the disposal of this appeal He in a narrow compass : Plaintiffs had instituted a Civil Suit No. 464-A/1991 against the respondents-defendants for eviction and mesne profits of the suit shop which was decreed by the judgment and decree dated 27-2-1997 of Second Civil Judge Class II, Gwalior. Respondents preferred a Civil Appeal No. 24/97 which was decided by judgment and decree dated 13-3-1998 by 8th Additional Judge to the Court of District Judge, Gwalior, which was partly allowed only to the extent of reducing the rate of mesne profits; against which this second appeal has been admitted on following substantial questions of law

:

(1) "whether plaintiff/landlord is entitled to mesne profits from the date of filing of suit at a rate higher than the contractual rate of rent or he is entitled to get mesne profits from the date of decree for eviction ?"

(2) "whether for granting decree for mesne profits the Court should consider escalation in rental price ?"

( 2. ) LEARNED counsel of the respondents has raised a preliminary objection to the effect that in Second Appeal against the impugned judgment appellants-plaintiffs h