Rakesh Kumar Jain, J.

1. The defendant is in second appeal against the judgment and decree of the learned First Appellrte Court dated 12.9.2007.

2. The plaintiff filed a suit for possession by way of ejectment of th defendant from the shop bearing private No.l consisting of two portions and two shutters (herein after referred as the demised premises) and for recovery of the arrears of rent w.e.f. 28.8.2001 till the tenancy was terminated along-with mesne profits @ Rs.4000/- per month from the date of termination of tenancy till the delivery of vacant possession of the demised premises.

3. The case set up by the plaintiff is that he had let out the demised premises to defendant on rent @ Rs.3000/- per month besides house tax and electricity charges vide agreement dated 15.7.1998 for the purpose of running the shop of tea and sweets. The possession was to be delivered on 16.8.1998 but as the white wash and shutter work in the shop had not completed, the possession was delivered on 28.8.1998. The rent was to be enhanced to Rs. 4000/- per month after a lapse of three years and it was orally agreed between the parties that after expiry of every year, rent will be increased to th