- (1.)This is a regular second appeal filed by the appellant under Section 100 read with Order XLII CPC against the judgment dated 15.5.2012 passed by the learned Additional District Judge dismissing the appeal being R.C.A. No.8/2010 and upholding the judgment and decree dated 31.5.2010 passed by the learned Senior Civil Judge-cum-Rent Controller in Suit No.79/2006.
(2.)I have heard Mr. Saket Sikri, the learned counsel for the appellant and Ms. Manmeet Arora, the learned counsel for the respondent No.1.
(3.)Mr. Sikri, the learned counsel for the appellant has stated that the following three substantial questions of law arise from the present appeal which warrant the hearing of the appeal :
"(1) Whether the landlord is entitled to mesne profits at the rate at which he is claiming on mere ipsy dixit and without having adduced any evidence?

(2) Whether the undertaking given by the decree-holder to the executing court not to execute the decree against one of the judgment-debtor is against Section 23 of the Contract Act, as it adversely affects the interest of the other judgment-debtor and, therefore, the said judgment-debtor is also discharged from the liability in terms of the decree.

(3) Whether the appellant is entitled to mitigation of damages/mesne profits allegedly payable by the appellant to the respondent No.1 on account of the fact that he had offered the possession of the suit property to the respondent No.1?