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The plaintiff has filed this suit against the defendants praying to direct the defendants to quit and deliver vacant possession of the suit schedule property to the plaintiff and to direct the defendants to jointly and severally pay the plaintiffs a sum of Rs.4,80,000/- towards mesne profit / damages at the rate of Rs.80,000/- p.m. as on 31.05.2021 along with interest at the rate of 18% p.a. and also direct the defendants to jointly and severally pay to the plaintiff damages / mesne profit at the rate of Rs.80,000/- p.m. from 31.05.2021 along with interest at the rate of 18% p.a. till the date of payment and till the date of delivery of vacant possession of the suit schedule property and to pay cost O.S.No.3168/2021 of the suit.

26. It is pertinent to note that the plaintiff while calculating the mesne profits, deductions of the amounts paid by the plaintiff i.e., amount of Rs.30,000/- paid on 02.03.2020, Rs.1,50,000/- paid on 19.03.2020, Rs.75,000/- paid on 01.07.2020, Rs.45,000/- paid on 01.07.2020, Rs.45,000/- paid on 27.08.2020, Rs.45,000/- paid on 10.09.2020. The plaintiff has also produced bank statement which are marked as Ex.P8 to P10. It is not the O.S.No.3168/2021 contention of the defendants is that other than through bank transactions they have paid the arrears of rent / damages in any other mode. In Ex.P11 notice itself the plaintiff has stated that after adjusting the security deposit amount of Rs.5,50,000/-, the defendants are liable to pay sum of Rs.2,99,000/- payable towards rental amount. The defendants have not denied the contents of Ex.P1 notice. Even though Ex.P11 notice served upon the defendants they have not sent any reply notice to the plaintiff. Even in the written statement of the defendants, they have not denied the averments made by the plaintiff in Ex.P11 notice. More than that the plaintiff has produced bank passbook which are marked at Ex.P8 to 10 to show the amount received by her towards rent. As on the date of sending the notice, as per Ex.P11 the defendants were liable to pay arrears of rent to the extent of Rs.2,99,000/-, after deduction of security deposit amount of Rs.5,50,000/-. The learned counsel for the plaintiff in her written arguments, rightly calculated the amount due as on 01.03.2020 as Rs.2,25,000/-. The learned counsel for the plaintiff rightly O.S.No.3168/2021 calculated the arrears of mesne profits at the rate of Rs.80,000/- p.m. after termination of tenancy. This court already in foregoing paragraphs given finding that the damages / mesne profits can be calculated at Rs.80,000/- p.m. This court has given finding that the plaintiff had taken possession of the suit schedule property on 03.08.2022. Hence, the defendants are liable to pay mesne profits / damages at the rate of Rs.80,000/- p.m. from 01.03.2020 till 03.08.2022 and after deducting of payments made by the defendants, it can be calculated at Rs.21,13,000/-. The learned counsel for the plaintiff rightly calculated the damages at the rate of Rs.21,13,000/- in the aforesaid table. Since the plaintiff has already taken possession of the suit schedule property on 03.08.2022 this court can calculate the mesne profit/ damages from 01.03.2020 till 03.08.2022 which come to Rs.21,13,000/-. The plaintiff is entitled for mesne profits / damages of Rs.4,80,000/- as on 31.05.2021 as averred in the plaint. Thereafter from 31.05.2021 till the date of plaintiff taken possession i.e. 03.08.2022 the plaintiff is entitled for damages at the O.S.No.3168/2021 rate of Rs.80,000/-. Thus, total amount of damages / mesne profits come to Rs.21,13,000/-. Hence, I answered issue No.1 and 2 in the AFFIRMATIVE.

27. ISSUE No.3: The plaintiff filed this suit praying to direct the defendants to quit and deliver the vacant possession of the suit schedule property and direct the defendants to pay sum of Rs.4,80,000/- towards mesne profits / damages along with interest at the rate of 18% p.a. as on 31.05.2021. The plaintiff also prayed to direct the defendants to pay damages / mesne profits at the rate of Rs.80,000/- from 31.05.2021 till the defendants deliver the vacant possession of the suit schedule property to the plaintiff and to pay interest at the rate of 18% p.a.

28. Since the plaintiff has taken possession of the suit schedule property on 03.08.2022 granting to first relief i.e. direct the defendants to quit and deliver the vacant possession of the suit schedule property does not survive for consideration. In view of my findings on issue O.S.No.3168/2021 No.1, the plaintiff is entitled for the relief to direct the defendants to pay sum of Rs.4,80,000/- towards mesne profits / damages as on 31.05.2021. In view of my finding on issue No.2, the plaintiff is entitled for the relief to direct the defendant to pay damages / mesne profits at the rate of Rs.80,000/- from 31.05.2021 till the date of delivery of vacant possession i.e. till 03.08.2022. Since this court already calculated the total amount of damages / mesne profits payable by the defendants till 30.08.2022 as Rs.21,13,000/- this court can pass decree to direct the defendants to pay total sum of Rs.21,13,000/-. So far as interest is concerned, as the defendants have failed to quit and deliver the vacant possession of the suit schedule property soon after receipt of the notice Ex.P11 within 15 days, the defendants are liable to pay interest to the plaintiff. This court can direct the defendants to pay interest at the rate of 6% p.a. in view of the provisions u/S.34 of CPC this court is of the opinion that the interest amount can be made payable to the plaintiff from 03.08.2022 i.e. from the date of taking possession of the suit schedule O.S.No.3168/2021 property by the plaintiff. During the course of examination in-chief of DW1 the plaintiff has prayed to award amount of Rs.1,42,500/- towards maintenance charges and also prays to direct the defendants to pay amount of Rs.2,35,000/- towards damages, cost of repairs, and restoration of schedule property to its original state. In this suit, the plaintiff has not sought any such prayer for maintenance charges and towards damages cost of repairs and restoration of schedule property to its original position. There is no pleading in respect of the same. The plaintiff has not made any attempt to carry out the amendment in the plaint in this regard. Even though plaintiff has produced certain documents marked at Ex.P19 to 21, 24 to 28, since there is no pleadings with regard to the arrears of maintenance charges and regarding damages to the property and towards repair cost, this court is of the opinion that the plaintiff is not entitled to recover the same from the defendants. The plaintiff is entitled for the relief of damages / mesne profits from the defendants, which is calculated at the rate of Rs.21,13,000/-. The plaintiff is O.S.No.3168/2021 also entitled for interest at the rate of 6% p.a. from 03.08.2022 till its realization.