VALMIKI J. MEHTA, J.

C.M. Appl. No. 38155/2018 (for exemption)

1. Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

RFA No. 792/2018 and C.M. Appl. No. 38154/2018 (for stay)

2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant/tenant impugning the Judgment of the Trial Court dated 15.05.2018 whereby the trial court has awarded mesne profits for the period 16.05.1998 to 31.08.1998 at the rate of Rs. 75/- per square feet, per month for the ground floor and Rs. 65/- per square feet, per month for the mezzanine floor as opposed to the agreed rate of rent of Rs. 31.51/- per square feet, per month for the ground floor and Rs. 26.28/- per square feet, per month for the mezzanine floor. The trial court has also awarded interest on the decretal amount at 9% per annum.

3. I need not set out the facts in detail, except stating that admittedly the appellant/defendant was a tenant in the property comprising of 6433 square feet on the ground floor and 1820 square feet on the mezzanine floor at Gulab Bhawan, 6, Bahadur Shah Zafar Marg, New Delhi. The tenancy of the appellant/defendant had commenced on 12.0