There is no dispute in the present case that while accepting the undertaking or the terms and conditions, as referred above, the landlord never insisted or claimed any particular figure or rate towards such occupation charges. The above settled principles are basically applicable to the cases where landlord at relevant time insist for reasonable compensation for use and occupation from the date of decree of eviction or such other date. Parties can agree at any stage and such agreement cannot be discarded to claim such mesne profits in question. The facts and circumstances of the present case and basically the above quoted order of this Court in Writ Petition No. It has also been held that with effect from the date of decree of eviction, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises on being vacated by the tenant. Heard the learned Counsel Mr. Therefore, without going into any further controversy and in view of the above reasoning, I am inclined to reject the present writ petition. The order passed in the Writ Petition No. The above decisions of the Apex Court are distinguishable and distinct on facts and circumstances of the case.
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