VALMIKI J. MEHTA, J.

RSA No.179/2016 and C.M. No.25477/2016 (stay)

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed against the Judgment of the First Appellate Court dated 4.5.2016 whereby the first appellate court on the appeal of the present appellant/tenant partly allowed the appeal by setting aside the money decree passed with respect to mesne profits but sustained the Judgment of the Trial Court dated 3.9.2015 decreeing the suit for arrears of rent. The original suit filed by the respondent/landlord/plaintiff was for possession, mesne profits and arrears of rent for the period from 1.5.2011 till 30.8.2011 when the tenancy was terminated. The suit was for possession with respect to the shop bearing private no.33-34, in property no. 1/1300 to 1318, Balaji Motor Market, Sultan Singh Building, Kashmere Gate, Delhi-110006.

2. The case of the respondent/plaintiff/landlord was that the suit shop/premises were taken initially at a monthly rent of Rs.11,000/- per month but since the appellant/defendant/ tenant vacated half portion of the shop on 1.1.2011, a fresh Agreement was executed between the parties on 2.5.2011 whereby a n