V.K. Shrivastava, J.

1. Third Additional Judge to the Court of District Judge, Durg, vide judgment and decree dated 27-7-1994 passed in Civil Suit No 87-A/94 disallowed the recovery of possession of ground floor of suit house, damages, means profit and profit of arrears of rent.

2. Facts of the case, in brief, as unfolded before the Lower Court, is that plaintiff is the owner of House No. 46, Sanichari Bazar, Durg (hereinafter referred to as "the suit house"), respondent hired the suit house on rent on 11-4-1979. The ground floor was let out for Banking business and a portion of first floor was let out for residence of Bank Manager. Initially the rent was Rs. 1,020/- per month and the same was enhanced from March, 1982 at a rate of Rs. 1,275/-. Appellant made a request to the Bank for enhancement of rent and the Bank vide letter dated 3-9-1985 proposed to pay rent at a rate of Rs. 3,357 : 50 on additional conditions. Appellant accepted the proposal with some modification, but respondent did not pay the enhanced rent and still continued paying rent at a rate of Rs. 1,275/-. Respondent unauthorisedly closed the stairs of first floor and even did not use the first floor for resi