CR/98/2019
2021 Latest Caselaw 3311 HP

Civil Revision No.98 of 2019

30.07.2021 Present: Mr. R.K. Bawa, Sr. Advocate, with Mr. Ajay

.

Kumar Sharma, Advocate, for the petitioner. Mr. Suneet Goel, Advocate, for the respondents.

(through video conferencing).

CMP No.13721 of 2021

By way of this application, filed under

Section 151 of the Code of Civil Procedure, the

applicants/respondents have prayed that the non-

applicant/petitioner be directed to pay use and

occupation charges at the rate of 10,000/- per month

from the date of passing of the order by the learned

Appellate Court, as the premises which are in

possession of non-applicant/petitioner, can easily fetch

a rent of Rs.10,000/- to 12,000/- per month.

The application has been opposed by the

non-applicant/petitioner, inter alia, on the ground that

the accommodation in the vicinity is available at

Rs.4000/- to 5,000/- per month.

During the course of consideration of this

application, learned counsel for the non-applicant/

petitioner submitted that as the non-applicant was

getting an amount of Rs. 4,000/- per month as house

allowance from his employer, he is willing to pay an

.

amount of Rs.4,000/- per month as use and occupation

charges to the applicants/landlord. The Court has been

informed that the non-applicant/ petitioner is serving

as a Peon-cum-Messenger, in a bank.

Having heard learned counsel for the

parties, the Court is of the view that the offer which

has been made by the non-applicant/petitioner, is

reasonable one, especially keeping in view the fact

that the non-applicant/petitioner is serving as a Peon-

cum-Messenger, in a bank.

Accordingly, this application is allowed, with

the direction that the non-applicant/ petitioner shall

pay use and occupation charges for the premises in

issue, at the rate of Rs.4,000/- per month, with effect

from the date of passing of the judgment by the

learned Appellate Court, i.e. judgment dated

22.05.2019. The arrears be paid within a period of one

month, as prayed for, after deducting the amount

which has been monthly paid by the non-applicant/

petitioner according to the landlord. As from the

month of August, 2021, the use and occupation

charges at the rate of Rs.8,000/- per month, be paid on

.

or before 10th of the each month. The application

stands disposed of.

Civil Revision No.98 of 2019

As prayed for, list after four weeks, to enable

learned counsel for the petitioner to have instructions

as to whether the petitioner is willing to vacate the

premises within some reasonable time. It is clarified

that the same shall be without prejudice to the rights

of the petitioner on merit as far as the main case is

concerned.

(Ajay Mohan Goel) Judge

July 30, 2021 (Rishi)