17. Issue No.4:- The plaintiff has claimed mesne profits / damages at Rs.25,000/- per month from the defendant from 02.11.2020. According to plaintiff prevailing market rentals in the said area is Rs.25,000/and as such the defendant is liable to pay the said amount to the plaintiff as mesne profits. Plaintiff except stating so, no material is produced to establish that the suit schedule property is capable of fetching Rs.25,000/- per month. On perusal of the schedule of suit schedule property it is consisting of 2 bed rooms with attached bath rooms and one bed room without bathroom, A hall and a kichen. Therefore, in the absence of any material as to the capability of the building to fetch Rs.25,000/- per month as rentals, the claim of the plaintiff at Rs.25,000/- appears to be on the higher side. However, since the defendant failed to pay the monthly rentals at Rs.10,000/- per month, the plaintiff is entitled for mesne profits / damages at Rs.10,000/- per month from the date of termination of the tenancy. Accordingly, Issue No.4 is answered Partly in Affirmative.
