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18. Defendants have thus become liable to pay damages/mesne profits to the plaintiff with effect from 1.4.1994 i.e. after the expiry of the lease period.

19. Next question to be answered is the rate at which the plaintiff is entitled for his claim of damages/mesne profits.

20. Plaintiff in support of this claim has examined five witnesses i.e. Ashok Chopra PW-1 (plaintiff no.1), Chiranji Lal PW-2, Badam Singh PW-3, Bhupinder Kumar PW-4 and Naresh Goel PW-5.

21. PW-1 has further deposed that on enquiry in the relevant year i.e. 1994 and onwards it had been revealed that similar premises had been leased out at monthly rent of Rs.25/- per sq.ft. per month. This was the prevailing market rate in the locality. Instances of Canara Bank, 2772, Lothian Road, Kashmere Gate, Delhi, Central Bank of India, 1367, Kashmere Gate, Delhi, Union Bank of India, 1368, Bara Bazar, Kashmere Gate, Delhi and Indian Bank, 1376, Bara Bazar, Kashmere Gate, Delhi have been cited in para 18 of the affidavit by way of evidence. In his cross- examination plaintiff has admitted that the defendant was paying rent to the plaintiff by crediting his account which was with the defendant bank and even after the letters Ex.P-18 to P-22 defendant bank was paying rent in the account of the plaintiff; however PW-1 has stated that after July, 1994 rent was not withdrawn by them. It has been reiterated that the aforenoted properties as mentioned by PW1 in his affidavit are on the same road as the suit property located about half a kilometer away from the suit property. PW-1 has categorically stated that the said banks are not better located than the suit premises.

22. Mr.Chiranji Lal, Manager of Canara Bank, Kashmere Gate has come into the witness box as PW-2. He has deposed that Laxmi Commercial Bank Ltd. was a tenant in an area of 2858 sq.ft.located at 2772, Lothian Road, Bhatnagar Building, Kashmere Gate, Delhi. Rent from 16.11.1998 to 15.1.2000 was Rs.68615/- per month i.e. at the rate of Rs.24/- per sq.ft. per month. He had produced the photocopy Ex.PW-2/1 of the rent paid register with respect to the suit property. In his cross-examination he has stated that the there are five landlords in the said premises; he denied the suggestion that Ex.Pw-2/1 does not pertain to the present premises.

25. PW-5 Naresh Goel was employed in Central Bank, Kashmere Gate branch. He has produced the certificate Ex.PW-5/1 given by his Senior Manager, which shows that the Central Bank of India, Kashmere Gate branch is paying a rental of Rs.70500/- per month for a carpet area of 2351 sq.ft. with effect from April 1996.

26. In defence, DW1 Prabhat Kumar Rastogi has filed his affidavit by way of evidence. He has reiterated his defence; he has stated that upto date rent has been paid. In his cross-examination he has stated that defendant was depositing the rent in the account of the plaintiff; he cannot say whether the consent of the plaintiff had been obtained for the said purpose. He gave evasive replies to the specific query as to whether plaintiff had consented that he should deposit the rent in the aforenoted manner; to the specific query put to him that the prevailing market rent of similar properties located in the adjoining areas was between Rs.27 to 30 per sq. ft per month during the period 1.4.1994 till June 2000, he has again given evasive answers and stated that he cannot say.

27. PW-1 has deposed that the prevailing market rate of rent at the relevant time was Rs.27/- per sq.ft. per month. Nothing has been elicited in his cross examination to dislodge this averment. Positive evidence has been produced by PW2 to PW5. PW-2 has produced rent paid register Ex.PW-2/1 of the Canara Bank 16.11.1998 to 15.1.2000. Rate of rent was Rs.25/- per sq. ft. per month at the relevant time; PW-3 has also produced lease deed of property no.1366-68, Kashmere Gate, Delhi with Union Bank of India Ex.PW-3/1 whereby rate of rent for the mezzanine portion and the back portion of the ground floor at the relevant time was about Rs.15/- per sq.ft. per month; judicial notice is taken on the fact that the mezzanine and back portion would fetch a lower rate of rent. PW-4 has proved the lease deed Ex.PW-4/2 of 1376, Lothian Road, Kashmere Gate, Delhi whereby rate of rent at the relevant time was about Rs.21/- per sq. ft. per month. Ex.PW-5/2 which is a certificate evidencing the rate of interest at approximately Rs.30/- per sq.ft. per month is the rent being paid by the Central Bank to its landlord for the adjoining property.