Delhi High Court
Anu Rajotia And Anr vs Rita Allahabadi on 20 January, 2022
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th January, 2022
+ FAO 251/2021 & CM. APPL. 39922/2021
ANU RAJOTIA AND ANR ..... Appellant
versus
RITA ALLAHABADI ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Amit Kumar, Advocate.
For the Respondent : Ms. Richa Kapoor, Ms. Saloni Mahajan, Ms. Surabhi
Katyal and Ms. Shivani Sharma, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Appellant impugns order dated 19.02.2021, whereby the trial
court has restrained the respondent from creating any third party
rights in suit property, parting with possession of the same or raising
any unauthorized construction. Appellant further impugns order dated
04.09.2021, whereby appellant has been directed to deposit a sum of
Rs.20,000/- per month as use and occupation charges with effect from
01.02.2020.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47 21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel for the appellant submits that though appellant
was inducted as a tenant but appellant is now an owner of the subject
property as appellant had paid the entire sale consideration to the
erstwhile owner in the year 2006 and agreement to sell etc. was
executed in his favour.
4. He, however, without prejudice submits that appellant shall
deposit with the trial court, the of use and occupation charges @
Rs.5500/- per month commencing from 01.12.2016 i.e., three years
preceding the date of the filing of the suit and continue to deposit the
same till the disposal of the suit at the said rate.
5. Learned counsel for respondent submits that arguments on
application under Order XII Rule 6 have been heard and judgment
reserved.
6. In view of the above, the appeal is disposed of with a direction
to the appellant to deposit with the trial court, use and occupation
charges @ Rs.5500/- per month commencing from 01.12.2016 till
date. Appellant shall continue to deposit use and occupation charges
month to month with the trial court @ Rs.5500/- per month. The
amount be deposited on or before 10th day of each English calendar
month.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47 21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. The arrears be cleared by the appellant in three equal monthly
installments. The first installment being paid within two weeks from
today.
8. In view of the above, order dated 04.09.2021 is modified to the
above extent. However, order dated 19.02.2021, whereby the
appellant has been restrained from creating any third party rights,
parting with possession or raising any unauthorized construction upon
the subject property does warrant any inference. The same shall
continue to operate till the disposal of the suit.
9. It is clarified that deposit of the amount shall be without
prejudice to the rights and contentions of the parties and shall be
subject to the final outcome of the suit. It is also clarified that the
observations on merit in the impugned orders would be treated as
prima facie and not conclusive findings of facts.
10. The appeal is disposed of in the above terms.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through e-mail by the Court
Master.
SANJEEV SACHDEVA, J
JANUARY 20, 2022
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47 21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
