M.Jagannadha Rao and; M.B. Shah, JJ.
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 1650 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 1650. 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 4000. 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 Rs 4000. On 4-5-1976, the Managing Director of M/s Buhari & 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 as advance rent for a period of four months and for the month of April 1976, he sent a cheque for Rs 4000 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 8000 per month from September 1976 to April 1978, in addition to arrears of rent from May 1976 to August 1976 in the sum of Rs 16,000 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.
4. In letters patent appeal, the Division Bench modified the said judgment and decreed and awarded mesne profits @ Rs 1650 per month from May 1976 to April 1978. Against that judgment, this appeal is filed.
5. We have heard learned counsel for the parties. In our view, in the present case, it is an admitted fact that at the request of the respondent, the Corporation agreed to renew the lease for a period of 15 years and while passing the resolution, it was stated that rent was fixed @ Rs 4000 per month. On the basis of the said resolution, by letter dated 4-5-1976, the respondent deposited Rs 16,000 as rent for four months as security. He has also paid Rs 4000 towards the rent for the month of April 1976.
6. From the facts stated above, it is apparent that there was no reason for the learned Single Judge as well as for the Division Bench not to award mesne profits @ Rs 4000 per month and to award compensation at the rate which was the rent payable by the respondent prior to the expiry of the lease period. Once the lease was not renewed, the respondent was not authorised to retain the possession of valuable property and was required to pay reasonable compensation for its unauthorised occupation. It appears that the Division Bench has not considered the letter dated 4-5-1976 written on behalf of the respondent that they had deposited Rs 16,000 towards security deposit and advance rent as desired by the Corporation and hence mesne profits cannot be less than Rs 4000 per month. The Division Bench has also not properly appreciated the notices dated 2-8-1976 and 14-2-1978 issued by the Corporation, demanding damages @ Rs 8000 per month wherein all facts are narrated, which clearly reveals that the respondent has agreed to pay rent of the suit premises @ Rs 4000 per month.
7. In the result, the appeal is partly allowed with costs. The impugned judgment and decree dated 16-6-1993 passed by the Division Bench of the High Court of Judicature at Madras in OSA No. 213 of 1986 is modified. The respondent is directed to pay to the appellant mesne profits @ Rs 4000 per month from May 1976 to April 1978, for the use and occupation of the suit premises with interest @ 6% per annum from the date of the suit till payment.