JUDGMENT :

K.M. JOSEPH, J.

Delay condoned. Leave granted.

1. The appellant is the defendant in the suit. By the impugned judgment, the division bench of the High Court has partly allowed the appeal filed by the appellant and modified the decree granted by the learned Single Judge in a suit filed by the respondent seeking mesne profits.

2. The respondent-plaintiff instituted the suit on the following basis. The respondent demised the centrally air-conditioned 2nd, 3rd and 4th floors of premise no. 1, Shakespeare Sarani, Kolkata and a non-air-conditioned guest house on the 9th floor. The lease was to subsist for a term of 21 years commencing from the date when the said floors were handed over to the appellant lessee. The respondent further claimed that there is a supplementary agreement which is also duly registered on 12.09.1969, which had brought about certain modifications in the original lease dated 21.11.1968. It was further the case set up by the respondent that the 2nd and 3rd floors came to handed over on 12.09.1969 and the possession of the 4th floor was made over to the app