Delhi High Court
Sh. Mohinder Singh vs Satish Chander Sikka on 22 August, 2023
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:22.08.2023
+ RC.REV. 35/2023 & CM APPL. 35128/2023, CM APPL.
5869/2023 and CM APPL. 28815/2023
SH. MOHINDER SINGH ..... Petitioner
Through: Mr. Kirtiman, Mr. Rahul Sharma,
Mr.Yash Kumar and Mr. Md. Tauheed
Arshi, Advs.
versus
SATISH CHANDER SIKKA ..... Respondent
Through: Mr. Raj Kumar, Mr. Atul Rawat and
Ms. Hemlata Rawat, Advs.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Court hearing/ Hybrid hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 28815/2023 [Application for affixation of use and occupation
charges]
1. This is an Application filed on behalf of the Respondent/landlord for
affixation of use and occupation charges qua the shop admeasuring 22-9" x
9'4 1/2 at Ground Floor, Building No.13/33, WEA, Karol Bagh, New
Delhi-110005 [hereinafter referred to as the "demised premises"].
2. It is submitted by the Respondent/Landlord that in terms of the
judgment of the Supreme Court in Atma Ram Properties (P) Ltd. vs.
Federal Motors (P) Ltd. reported as (2005) 1 SCC 705, once the Eviction
Order has been passed, the tenant is required to pay the use and occupation
charges at market rent till the final disposal of the present Revision Petition.
3. Learned Counsel for the parties have filed their respective lease deeds
in support of their contentions.
Signature Not Verified
By:YASHPAL GROVER
Signing Date:25.08.2023
16:13:38
3.1 Learned Counsel for the Petitioner has relied on two lease deeds qua
the property bearing No.13/39, Situated at W.E.A, Arya Samaj Road, Karol
Bagh, New Delhi-110005 and property bearing No.10596 (13/13), Ward No.
XVI, built on Plot No. 13, in Block No.13, situated at Western Extension area,
Karol Bagh, New Delhi-110005 fetching the monthly rent of Rs. 20,000/- and
31,000/- respectively.
3.2 While the Respondent/landlord has filed a lease deed qua the shop
admeasuring 23 sq. ft. (5" x 4.6") nearby the tenanted property i.e. 13/31
W.E.A. Karol Bagh, New Delhi fetching a monthly rent of approx Rs.
1,00,000/- at present.
4. Learned Counsel for the Respondent/landlord submits that the lease
deeds relied upon by the Petitioner, i.e., property bearing No.13/39, Situated
at W.E.A, Arya Samaj Road, Karol Bagh, New Delhi-110005 and property
bearing No.10596 (13/13), Ward No. XVI, built on Plot No. 13, in Block
No.13, situated at Western Extension area, Karol Bagh, New Delhi-110005
are distinguishable from the demised premises in as much as they are either
inner lanes or do not have the same frontage as the demised premises.
5. Learned Counsel for the Petitioner/tenant also seeks to rely upon a
copy of the site plan of the area which has been filed by him to submit that
shop admeasuring 23 sq. ft. (5" x 4.6") at a rental of Rs. 85,471/- per month,
nearby tenanted property i.e. 13/31 W.E.A. Karol Bagh, New Delhi-110005
would be apt for the comparison with the demised premises and it is also on a
60 feet wide road with a large frontage.
5.1 It is further contended that since the demised premises is approx 215
sq. feet, the user charges should be fixed at least Rs.4 lacs per month for the
demised premises.
Signature Not Verified
By:YASHPAL GROVER
Signing Date:25.08.2023
16:13:38
5.2 A coloured copy of the area has been handed over to the Court and also
to the learned Counsel for the Respondent/landlord to explain these
contentions by learned Counsel for the Respondent/landlord. Registry is
directed to scan and upload the coloured copy of the site plan. So that it
remains embedded in the case file.
6. The premises is a large shop on the ground floor admeasuring 22-9" x
9'4 1/2 and it is located in the commercial hub of Karol Bagh on the main
Arya Samaj Road. The shop is on a 60 feet wide road with ample parking
space provided for. The construction of the shop is reasonably in a good
condition as well.
7. In these circumstances, without prejudice to the rights and contentions
of the parties, and with the consent of the parties, the directions below are
being passed.
8. The Petitioner/tenant shall pay to the Respondent/landlord use and
occupation charges in the following manner during the pendency of the
Revision Petition:
(i) The use and occupation charges, for the period from 24.03.2023 to
31.08.2023 shall be paid by the Petitioner/tenant at the rate of Rs. 1.40 lakhs
per month;
(ii) The use and occupation charges, for the period from 01.09.2023
onwards shall be paid by the Petitioner/tenant at the rate of Rs. 1.60 lakhs per
month on or before 7th day of each calendar month;
9. All payments shall be made into the bank account of the
Respondent/landlord. The details of the bank account shall be provided by the
learned Counsel for the Respondent/landlord to the learned Counsel for the
Petitioner/tenant on his email address within two days.
Signature Not Verified
By:YASHPAL GROVER
Signing Date:25.08.2023
16:13:38
10. It is clarified that the use and occupation charges as affixed
hereinabove are tentative and subject to the final outcome of the present
Revision Petition.
11. In view of the aforegoing, the Impugned Order dated 24.09.2022 is
stayed till next date of hearing.
12. In the event that the Petitioner/tenant defaults in payment of use and
occupation charges, the interim protection granted hereinabove shall
automatically stand dissolved, and the Respondent/landlord will be at liberty to
take appropriate steps as per law for recovery of possession and recovery of
user charges from the Petitioner/tenant.
13. The Application is, accordingly, closed.
RC.REV. 35/2023 & CM APPL. 5869/2023 [Application seeking interim
relief]
14. Learned Counsel for the parties seek and are granted time to file their
written synopsis, not exceeding three pages, before the next date of hearing
along with compilations of judgments, if any, they wish to rely upon.
14.1 All judgments sought to be relied upon by the learned Counsel for the
parties shall be filed with an index which also sets out the relevant paragraph
numbers and the proposition of law that it sets forth.
15. List the matter for hearing on 11.10.2023.
16. Parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
AUGUST 22, 2023/SA
Click here to check corrigendum, if any
Signature Not Verified
By:YASHPAL GROVER
Signing Date:25.08.2023
16:13:38
