1. These two cross appeals arise out of a suit filed for recovery of mesne profits. They can be disposed of by a common judgment.

2. Second Appeal No. 5166 of 1961 has been filed by the defendants to the suit and the other Second Appeal No. 5343 of 1961 has been filed by the plaintiff to the suit.

3. The plaintiff brought a suit in the court of the Civil Judge. Saharanpur, for recovery of mesne profits. The suit for the purpose of jurisdiction and subject - matter, was valued approximately at Rs. 5,000 and odd. It was prayed that if on determination the court found a larger sum payable as mesne profits the same be decreed on the condition of payment of requisite court - fee.

4. Briefly stated the admitted facts are as follows:
The defendants under a lease executed by the plaintiff took a flour mill together with appurtenance for a period of one year on yearly rent of Rs. 20,000. The lease expired on July, 1942. The defendant did not get the lease renewed for another year as was stipulated in the lease - deed, did not deliver possession and continued to occupy and operate the flour mill. The plaintiff then filed suit No. 42 of 1942 for ejectment of the defendant. This suit was decreed o