MANMOHAN SINGH THROUGH LEGAL HEIR MRS.GURVINDER KAUR & ORS. vs ANJU GUPTA THROUGH LEGAL HEIR NITING GUPTA & ANR.

$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 14.12.2023

+ RC.REV. 642/2019 & CM APPL. 48971/2019, CM APPL. 48972/2019, CM APPL. 38586/2022, CM APPL. 38587/2022, CM APPL. 38589/2022, CM APPL. 25042/2023 and CM APPL. 41502/2023
MANMOHAN SINGH THROUGH LEGAL HEIR MRS.GURVINDER KAUR & ORS. ….. Petitioners
Through: Mr Ashok Chhabra, Advocate
Mr. Manmeet Singh, son of the Petitioner (through VC).
versus
ANJU GUPTA THROUGH LEGAL HEIR NITING GUPTA & ANR. ….. Respondents
Through: Mr. Ramesh Kumar, Adv.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
CM No. 25042/2023 [Application for impleadment of LRs of deceased Respondent]
1. This Application has already been allowed on 23.05.2023. Registry is directed not to show this Application as pending.
CM APPL. 41502/2023 [Application for affixation of use and occupation charges]
2. 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., three store type rooms and terrace situated on the second floor of property bearing no. 2640 (part of property no.2640-2646), Zorawar Singh Marg, (Old Hamilton Road), Kashmere Gate, Delhi-110006 [hereinafter referred to as the “demised Premises”].
3. Notice in this Application was issued on 14.08.2023 and thereafter, time was sought by the Petitioner/tenant to file a Reply. This Application was thereafter listed before this Court on 29.08.2023, 25.09.2023, 09.10.2023 and 09.11.2023.
4. Learned Counsel for the Respondent/landlord contends that the demised Premises admeasures 700 sq. ft. and is on the main road in Kashmiri Gate, approximately 100-150 meters away from Old Delhi Railway Station. The demised Premises is situated in commercial market place and is used by the Petitioner/tenant for the business of automobile parts and accessories. It is further submitted that the demised premises is situated in a famous automobile market of Delhi.
4.1 Reliance is placed on the lease deed filed dated 16.12.2011, wherein 1800 sq. ft. property on the ground floor and mezzanine and has been let out to a bank for a rental of Rs.2,29,500/- per month.
4.2 Learned Counsel for the Respondent/landlord submits that since this is a lease deed qua the ground floor, the rental for the demised premises, which is 700 sq. ft. and which is on the second floor, should be about Rs.63,000/- per month.
4.3 Reliance is also placed by the learned Counsel for the Respondent/landlord on the photographs annexed along with the brief note filed on 31.10.2023 as well as a Google map annexed at page 6 of the brief note filed by Respondent/landlord.
5. Learned Counsel for the Petitioner/tenant submits that he has placed six sale deeds on record. He submits that these sale deeds are to be taken into account while fixing the user charges. He subsequently submits that the user charges for the subject premises should be in the range of not more than Rs.2,000/- per month.
6. The Petitioner/tenant has filed a brief note on 21.09.2023 with respect to use and occupation charges. It is inter alia contended that the lease deed being relied upon by the Respondent/landlord is situated 950 meters away on a 200 ft. wide road. It is further contended in the brief note that the second floor of the demised Premises is nothing but an open terrace with tin shed.
6.1 Learned Counsel for the Petitioner/tenant further contends that the lease deeds which the Respondent/landlord seeks to rely upon are on the Ground Floor and in the main commercial market, and hence, those rents cannot be used to fix the user charges.
7. The premises in issue is situated on the second floor in the commercial road. The Respondent/landlord has filed photographs to show that the property is situated on the main road which has a heavy foot fall. The documents filed also shows that all the buildings in the area are old and that there are various commercial organisations including the banks. Admittedly, the Petitioner/tenant is running a shop from the first floor and uses the second floor for commercial purposes as well.
8. Accordingly, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
8.1 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 from 01.12.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.15,000/- per month;
(ii) The use and occupation charges for the month of December 2023 shall be paid by the Petitioner/tenant on or before 31.12.2023;
(ii) 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.
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 10 days.
10. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
11. 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 15.11.2019 shall automatically stand dissolved.
12. At this stage, learned Counsel for the Petitioner/tenant submits that for the period prior to 01.12.2023, he shall take instructions as to how many instalments will be required by the Petitioners/tenant for the payment of, user charges.
13. List for affixation of user charges for the period from 20.11.2019 to 31.11.2023 on 07.02.2024.
14. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 14, 2023/SA/g.joshi
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RC. REV. 642/2019 Page 2 of 2