:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL REVISION APPLICATION NO.444 OF 2007 CIVIL REVISION APPLICATION NO.444 OF 2007 CIVIL REVISION APPLICATION NO.444 OF 2007 Smt. Sumati Sadashiv Aathawale & Anr. ...Applicants. v. The Pune Municipal Corporation Servants Co-op. Urban Bank Ltd. ...Respondent. Mr.S.M.Oak i/by Ms.Nayana Thatte , advs. for the Applicants. Mr.V.G.Peshave, adv. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 2nd April, 2008. DATE: 2nd April, 2008. DATE: 2nd April, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. The respondent was a landlord and the present applicants were the tenants. The respondent filed regular civil suit no.1594 of 1974 in June, 1974 against the original tenant Sadashiv Aathawale for possession. Suit for possession was dismissed by the Small Cause Court. Against that plaintiff/respondent had preferred appeal no.613 of 1979 and that appeal was allowed by the judgment and order dated 28-8-1981. The appellate Court while allowing the appeal with cost directed "plaintiff do recover the possession of the suit premises, full costs of the suit and future mesne profits as per Order 20 Rule 12(1)(c) of the Civil Procedure Code from the defendant". That judgment and decree were challenged :2: before the High Court as well as the Supreme Court without any success. The respondent/plaintiff executed the decree in respect of possession and actually got the possession on 2-10-1998. 3. Thereafter on 22-7-2000, plaintiff/respondent filed application for determination and payment of mesne profits. Additional Judge, Small Cause Court after hearing the parties held that the judgment-debtor is liable to pay mesne profit at the rate of Rs.250/- per month from 20th August, 1981 when the decree was passed till 2-10-1998 when the possession was actually handed over, with interest at the rate of 6% p.a. from the date of filing the application for mesne profits. Against that order, the present applicants had preferred appeal no.337 of 2003. That appeal came to be dismissed on 20th March, 2004. Against that, the present applicants had preferred Writ Petition No.3391 of 2004. That Writ Petition came to be disposed off on 20th April, 2007 on the ground that efficacious remedy of revision is available. Thereafter, the present Revision Application was filed by the present applicants, i.e., the original judgment-debtors. 4. After perusal of the order passed by the Small Cause Court and the judgment passed in appeal, I find no illegality, irregularity or mistake. As the decree was passed by the District Court on 20-8-1981, the :3: possession of the present applicants had become unauthorised from that date and, therefore, they are liable to pay mesne profits from that day onwards as directed by the District Court. They are liable to pay mesne profits till possession was actually handed over in 1998. Courts below fixed mesne profit at the rate of Rs.250/- per month. The suit premises was a shop of 200 sq.ft. within the city of Pune. By no stretch of imagination, the amount of Rs.250/- may be treated as excessive. Therefore, I find that the Courts below were right in passing the impugned order. 5. As there is no substance in the revision application, it stands dismissed. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)