Sinha, C J—This is a Defendant's second appeal from the concurrent decisions of the Courts below granting the successful Plaintiff mesne profits at a figure much higher than the amount of rent which was payable by the Defendant during his period of tenancy.

2. It appears that the house, in respect of which mesne profits have been ordered by the final decree at the preliminary stage passed by this Court, was in the occupation of the Defendant at the monthly rent of Rs. 24/-. After obtaining permission from the Bent Controller the Plaintiff instituted a suit for ejectment and arrears of rent until a certain period and for mesne profits or the subsequent period at the rate of Rs. 40 per month. After the suit had been decreed by the Courts below the Appellant came up to this Court in second appeal and, as is usual obtained an order of stay from this Court oh terms. The term was that the Defendant would continue to deposit a sum of Rs. 24 per month at regular intervals. Those sums were as directed by this Court deposited and subsequently withdrawn by the decree-holder-Plaintiff. The stay matter came before this Court on two occasions, and on each occasion a single Judge directed