VALMIKI J. MEHTA, J.

Caveat No. 865/2017

Counsel for the caveator enters appearance.

Caveat stands discharged.

C.M. Appl. No. 36048/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

RFA No. 844/2017 and C.M. Appl. No. 36047/2017 (for stay)

1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 25.08.2017 by which the trial court has decreed the suit for the relief of possession under Order XII Rule 6 CPC.

2. The suit property is LIG Flat bearing No. D-1C/18A, Ground Floor, Janak Puri, New Delhi. There is no dispute that there is a relationship of landlord and tenant between the parties. It is also not in dispute as per the written statement that the rate of rent is above Rs.3,500/- per month and thus there is no protection of the Delhi Rent Control Act, 1958. Application under Order XXXIX Rule 10 CPC had been allowed to the extent that the appellant/defendant shall pay the admitted rent at the rate of Rs.15,000/- per month.

3. In Delhi, once there exists a relationship between landlord and tenant between the parties and the rate of ren