- (1.) This appeal is filed against the judgment and order dated 16/6/1993 passed by the Division Bench of the High Court of Judicature at Madras in osa No. 213 of 1986, fixing the mesne profits @ Rs. 1,650. 00 per month for the suit property let out by the Corporation of Madras to the respondent at marina Beach, Chennai.
(2.) It is an admitted fact that the appellant has let out the premises to the respondent for a period of 15 years from 5/3/1961 to 4/3/1976, on a monthly rent of Rs. 1,650. 00. Thereafter, as the lease was to expire on 4/3/1976, the respondent requested the Corporation to extend the lease period for a period of 30 years and expressed his desire to pay higher rent. The Corporation, by its resolution dated 12/1/1976, agreed to extend the period of lease only for a period of 15 years on a monthly rent of Rs. 4,000. 00. The respondent was informed by the Special Officer, Corporation of Madras, that the lease was extended for a period of 15 years on a monthly rent of Rs4000. On 4-5- 1976, the Managing Director of M/s Buhari and Co. Pvt. Ltd. , who had been hitherto running the hotel, gave his consent and requested the Corporation to send the draft lease deed for registration. It is also stated that the respondent paid Rs. 16,000. 00 as advance rent for a period of four months and for the month of April 1976, he sent a cheque for Rs. 4,000. 00 towards the rent. Thereafter, for some reasons, the lease deed was not executed, and subsequently, the respondent was evicted from the premises. Prior to that, the Corporation filed civil Suit No. 286 of 1979 for recovering the mesne profits @ Rs. 8,000. 00 per month from September 197 6/04/1978, in addition to arrears of rent from may 197 6/08/1976 in the sum of Rs. 16,000. 00 for wrongful occupation of the suit building.
(3.) The learned Single Judge decreed the amount only to the extent of rs 6600 together with interest @ 6% per annum from the date of decree till payment, by judgment and decree dated 20/3/1984.;