Delhi High Court
Sita Ram & Son vs Manoj Kumar Jain on 18 December, 2023
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 18.12.2023
+ RC.REV. 81/2019 & CM APPL. 6440/2019 and CM APPL.
5300/2020
SITA RAM & SON ..... Petitioner
Through: Mr Rakesh Mukhija and Ms Ananya
Singhal, Advs. with Petitioner in-
person.
versus
MANOJ KUMAR JAIN ..... Respondent
Through: Mr. Ashok Gurnani, Adv. with Mr.
Ranjan Roy and Mr. Y.R. Sharma,
Advs.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 5300/2020 [Application for affixation of use and occupation
charges]
1. This is an Application filed on behalf of the Respondent/landlord
seeking affixation of use and occupation charges qua the premises in issue,
i.e., One Shop No. 2668, situated on the Ground Floor, Gali Anar, Kinari
Bazar, Delhi-110006 [hereinafter referred to as "demised Premises"].
2. Learned Counsel for the parties submit that they have not been able to
place on record any lease deed or document in support of their contentions
with respect to use and occupation charges, however, learned Counsel for
RC.REV. 81/2019 page 1 of 4
the Petitioner/tenant seeks to rely on some orders/judgments passed by this
Court where the use and occupation charges in the range of Rs. 50/- to 55/-
per sq. ft have been fixed with respect to premises in the same area.
3. Learned Counsel for the Respondent/landlord refutes this contention
and submits that user charges are in the range of Rs. 8,000/- to Rs. 10,000/-
per month and the Petitioner/tenant is enjoying the interim protection
granted by this Court on 11.02.2019.
3.1 Learned Counsel for the Respondent/landlord further submits 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 Revision
Petition.
4. Learned Counsel for the Respondent/landlord, submits that the
demised Premises is a shop, admeasuring 24 sq. fts. approx located in the
area of Kinari Bazar, Delhi. Therefore, it is submitted that the demised
Premises would fetch a rent of Rs. 10,000/- per month approximately.
4.1 Learned Counsel for the Petitioner/tenant submits that the demised
Premises is an old building and is in dilapidated condition, it would not fetch
a rent of more than Rs. 1,000/- per month.
5. In these circumstances, without prejudice to the rights and contentions
of the parties, and with the consent of the parties, the directions as set forth
below are passed.
5.1 The Petitioner/tenant shall pay to the Respondent/landlord use and
occupation charges in the following manner during the pendency of the
RC.REV. 81/2019 page 2 of 4
Revision Petition:
(i) The use and occupation charges for the period from 20.02.2019 to
31.03.2020 shall be paid by the Petitioner/tenant at the rate of Rs. 2,500/-
per month;
(ii) The use and occupation charges for the period from 01.04.2020 to
31.03.2022 shall be paid by the Petitioner/tenant at the rate of Rs. 1,500/-
per month;
(iii) The use and occupation charges for the period from 01.04.2023 to
31.11.2023 shall be paid by the Petitioner/tenant at the rate of Rs. 3,000/-
per month;
(iv) The use and occupation charges from 01.12.2023 onwards shall be
paid by the Petitioner/tenant at the rate of Rs. 5,000/- per month;
(v) The arrears of rental for the period from 20.02.2019 to 30.11.2023
shall be paid by the Petitioner/tenant in two equal instalments, i.e.,
31.01.2024 and 31.03.2024.
(vi) The payment of use and occupation charges for the month of
December, 2023 shall be paid by the Petitioner/tenant on or before
31.12.2023.
(vii) The use and occupation charges from 01.01.2024 onwards, shall be
paid by the Petitioner/tenant on or before 7th day of each calendar month;
6. 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 one week.
7. It is clarified that the use and occupation charges as affixed
RC.REV. 81/2019 page 3 of 4
hereinabove are tentative and subject to the final outcome of the present
Petition.
8. Subject to the Petitioner complying with the directions as set forth
hereinabove, the interim protection granted by this Court on 11.02.2019
shall remain stayed during the pendency of the present Petition.
9. In the event that there is any default in the payment of use and
occupation charges on behalf of the Petitioner/tenant, interim protection as
granted by this Court on 11.02.2019 shall automatically stand dissolved.
10. The Application is closed.
11. Parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
DECEMBER 18, 2023/SA
RC.REV. 81/2019 page 4 of 4
