MANMOHAN SINGH & ANR. vs AMARJIT SINGH SAPRA

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 01.11.2023
+ RC.REV. 256/2022, CM APPLs. 46557-58/2022
MANMOHAN SINGH & ANR. ….. Petitioners
Through: Mr. Ghanshyam Mishra, Adv. with Petitioner in person.
versus
AMARJIT SINGH SAPRA ….. Respondent
Through: Mr Anupam Dwivedi and Mr Vikash Kumar Sinha, Advocates with Respondent in person.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 26981/2023[Application seeking directions to pay user and occupation charges.]
1. The Petitioner as well as the Respondent are physically present in Court today.
2. This is an Application on behalf of the Respondent/landlord seeking directions to the Petitioners/tenant to clear the arrears of rent to the Respondent/landlord and to pay user and occupation charges for the premises being chabutra, forming part of the property/house/shop no. 408, situated in Gali Purana Dak Khana Wali, Sadar Bazar, Delhi-06 [hereinafter referred to as “demised premises’].
3. This Court by its Order dated 05.10.2022 had recorded detailed contentions of the parties.
4. Learned Counsel for the Respondent/landlord submits that he has filed an Affidavit placing on record a lease deed of a property in the vicinity, being a ground floor property bearing no. 379/1, Old Post Office, Sadar Bazar, wherein a premises of approximately 745 sq. ft has been let out for Rs. 34,000/-. It is contended that the premises is only 10-15 ft. away from the demised premises.
4.1 Learned Counsel for the Respondent/landlord while relying on this document submits that as Petitioner/tenant is using the demised premises for selling footwear and that the area has a high footfall. It is thus prayed that rental of Rs. 20,000/- per month be paid for the premises in issue during the pendency of the Petition.
5. Learned Counsel for the Petitioner/tenant submits that the premises in issue cannot be compared to the premises of which the lease deed has been filed and placed on record.
5.1 It is contended that this premises as has been described in the Eviction Petition is a chabutara i.e. a platform admeasuring approximately 36 sq. ft. There is only one wall at the back of the platform and there is no roof on the premises. However, learned Counsel for the Petitioner, on instructions, admits that the premises is used by the Petitioner for the sale of footwear and some footwear is also stored there by the Petitioner/tenant.
5.2 It is therefore submitted that the rental for the premises should be not more than Rs. 5,000/- per month.
6. In these circumstances, without prejudice to the rights and contentions of the parties and with the consent of parties, the directions as set forth below are passed.
6.1 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 for the period from 02.10.2022 to 31.10.2023 shall be paid by the Petitioner/tenant at the rate of Rs.7,500/- per month;
(ii) The use and occupation charges from 01.11.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.8,000/- per month, on or before 7th day of each calendar month;
(iii) The use and occupation charges as set forth in paragraph (i) shall be paid by the Petitioner/tenant to the Respondent/landlord in three equal instalments, i.e., 15.12.2023, 15.02.2024 and 15.04.2024.
7. 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.
8. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
9. Subject to the Petitioner complying with the directions as set forth hereinabove, the execution of the Impugned order dated 02.04.2022 shall remain stayed during the pendency of the present Petition.
10. The Application is accordingly closed.
11. Parties will act based on the digitally signed copy of the order.
RC.REV. 256/2022, CM APPLs. 46557[Condonation of delay] and 46558/2022 [Stay]
12. Learned Counsel for the Respondent submits that he is the subsequent purchaser of the premises in issue and that a sale deed has been executed between predecessor-in-interest of the Respondent and the original owner of the property [which is annexed at page no. 195, Annexure P-7 of the case file], and thus there is no question of the Petitioner not being a tenant of the Respondent.
13. Learned Counsel for the Respondent submits that the Petitioner is also to pay arrears of rental. He further submits that he will supply to the learned Counsel for the Petitioner calculation of the arrears of rental before the next date of hearing via email.
14. Learned Counsel for the Petitioner shall take appropriate steps in that regard.
15. List on 09.05.2024.

TARA VITASTA GANJU, J
NOVEMBER 1, 2023
g.joshi
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RC.REV. 256/2022 Page 2 of 2