ASHOK KUMAR vs SATYAWATI

$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 03.11.2023
+ RC.REV. 305/2019 & CM Appl.23740/2019 and 57026/2023
ASHOK KUMAR ….. Petitioner
Through: Mr. Shashi Shanker, Ms. Swati and Ms. Gargi, Advs.
versus
SATYAWATI ….. Respondent
Through: Mr. K. Sunil, Mr. Sushil Tripathi and Ms. Reena Singh, Advs.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM Appl. 42777/2023 [Application seeking affixation of user and occupation charges]
1. This is an application filed by the Respondent/landlord seeking affixation of use and occupation charges.
2. Learned Counsel for the Petitioner/tenant submits that reply to the application was filed. Reply is, however, not on record.
2.1 On steps being taken, let the Reply be brought on record. A hard copy of the Reply has been handed across by the learned Counsel for the Petitioner/tenant, today.
3. Learned Counsel for the Petitioner/tenant submits that the premises in issue admeasures 100 sq. yds. in the residential area, consisting of Four Rooms, Verandha (used as kitchen), Court yard on the first floor, and One Tin Shed Room and Washroom on the Second Floor [hereinafter referred to as “demised premises”] and is on the right had side of building at premises no. 2922, Ward No. XII, Arya Pura, Subzi Mandi, Delhi- 110007.
3.1 Learned Counsel for the Respondent/landlord further seeks to rely on affidavit filed by the LRs of the Respondent placing on record rent receipts in the sum of Rs.15,000/- per month, of the same building on the left had side. However, it is fairly contended by the Respondent/landlord that given the fact that building is old, the use and occupation charges should not be more than Rs.10,000/- per month.
4. It is contended by learned Counsel for the Petitioner/tenant that the premises is old and only consists of a shed, bathroom and a common space. It is further contended that on the first floor, another tenant is occupying one room and one kitchen and the toilet is built on the second floor which is being used by all occupants.
4.1 Learned Counsel for the Petitioner/tenant has handed across the photographs of the demised premises to show the condition of the demised premises.
5. The premises in issue are residential premises admeasuring approximately 100 sq. yds. The Eviction Petition defines the demised premises as follows :

“Right side portion of premises consisting of 4 rooms, varandha (used as kitchen) and Court yard on the first floor and one tine shed room and latrine on the second floor.”
6. The documents relied upon by the Respondent are for premises which form part of the demised premises bearing the same municipal number and is on the left side, first floor of the building while the demised premises is on the right side, first floor of the building.
7. In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
7.1 The Petitioner/tenant shall pay to the Respondent 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 14.06.2019 to 31.03.2020 shall be paid by the Petitioner/tenant at the rate of Rs.7,500/- 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.6,000/- per month; and
(iii) The use and occupation charges for the period from 01.04.2022 to 31.10.2023 shall be paid by the Petitioner/tenant at the rate of Rs.8,000/- per month; and
(iv) The use and occupation charges from 01.11.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.8,500/- per month, on or before 7th day of each calendar month;
(v) The use and occupation charges as set forth in paragraphs 7.1 (i), (ii) and (iii) shall be paid by the Petitioner/tenant to the Respondent in four instalments, i.e., on 15.12.2023, 31.01.2024, 15.03.2024 and 30.04.2024.
8. 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 three days.
9. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
10. 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 17.05.2019 shall automatically stand dissolved.
11. The Application is accordingly closed.
12. Parties will act based on the digitally signed copy of the order.
RC.REV. 305/2019 & CM Appl.23740/2019 and 57026/2023
13. Learned Counsel for the Petitioner/tenant submits that the Petitioner/tenant is not in occupation of the entire first floor consisting of four rooms, varandha (used as kitchen) & Court yard on the first floor and one tine shed room and the washroom on the second floor.
13.1 Learned Counsel for the Petitioner/tenant seeks and is granted leave of the Court to file an appropriate affidavit in this regard along with documents, if any, in support.
14. List the matter on 10.05.2024.

TARA VITASTA GANJU, J
NOVEMBER 03, 2023/yg/r
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RC.REV. 305/2019 Page 2 of 2