ORDER

1. THERE IS A DECREE FOR. EVICTION PASSED AGAINST THE APPELLANT ON 30.11.2002. THE DECREE ALSO DIRECTS INQUIRY UNDER ORDER 20 RULE 12 CPCTO BE HELD FOR THE QUANTUM OF MESNE PROFITS. THE PREMISES ARE SITUATED IN A BUILDING KNOWN AS "NAVRATAN" ON P.D. MELLO ROAD IN THE CITY OF MUMBAI. THE TOTAL AREA IN POSSESSION OF THE APPELLANT IS 13,646 SQ FT OUT OF WHICH 5523 SQ FT IS ON THE GROUND FLOOR. IT IS NOT DISPUTED THAT THE PROPERTY IS IN A BUSY COMMERCIAL LOCALITY. IT WAS HELD BY THE APPELLANT ON TENANCY AND THE RATE OF RENT WAS TO BE CALCULATED @ RS 3.50 PER SQ FT. OUR ATTENTION IS INVITED TO THE LETTER DATED 16-8-2004 SENT BY THE APPELLANT TO THE RESPONDENT WHEREIN THE APPELLANT HAD EXPRESSED ITS AGREEMENT FOR PAYMENT OF RENT AT THE RATE OF RS 4.50 LAKHS PER MONTH PROSPECTIVELY AL1D WITHOUT PREJUDICE. THIS LETTER IS NOT DENIED IN THE REPLY FILED BY THE APPELLANT TO THE RESPONDENTS APPLICATION.

2. AFTER HEARING THE LEARNED COUNSEL FOR THE PARTIES, THE ORDER STAYING EXECUTION OF DECREE FOR EVICTION UNDER APPEAL IS CONFIRMED SUBJECT TO THE FOLLOWING CONDITIONS:

1. WITH EFFECT FROM 1-12-2002 THE APPELLANT SHALL PAY AN AMOUNT CALCULATED @ RS 14 PER SQ FT PER MONTH.

2. WITH EFFECT FROM 1-