RAMNIVAS SHARMA & ANR vs SATINDER BHATI

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 16.10.2023
+ RC.REV. 577/2019 and CM No.43733/2019
RAMNIVAS SHARMA & ANR ….. Petitioners
Through: Mr. Dhiraj A. Philip and Mr. Febin Varghese, Advocates

versus

SATENDER BHATI ….. Respondent
Through: Mr. Anand Kumar, Advocate
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM Appl.34093/2020 [Application seeking to pay use and occupation charges]
1. This is an Application filed by Respondent/landlord seeking directions to the Petitioner/tenant to pay the use and occupation charges for the Premises i.e. one room situated on the Second Floor of the Property bearing No. 475/1, Nai Basti, Jaipur Golden, Kishan Ganj, Delhi-110007 [hereinafter referred to as “demised Premises”].
2. Notice was issued in this Application on 22.12.2020.
3. The reply has been filed on behalf of the Petitioner/tenant.
4. Learned Counsel for the Respondent/landlord submits that the Petitioner/tenant is using the demised Premises, albeit no use and occupation charges are being paid.
5. Learned Counsel for the Respondent/landlord, submits that the Eviction Order was passed on 30.07.2019 qua the demised Premises, and that no use and occupation charges are being paid by the Petitioner/tenant for the demised Premises thereafter.
6. Learned Counsel for the Respondent/landlord submits that the rental for the demised Premises which was fixed in 1980 was Rs.300/- per month and at present, the market rent is Rs.7,500/- per month. It is further contended that the property is one room on the second floor, admeasuring 10ft. x 8ft. and the room on the ground floor of the same property was recently let out at Rs.5,500/- p.m.
7. Learned Counsel for the Respondent/landlord further submits that no arrears of rental and user charges are being paid and even electricity has been disconnected on account of non-payment of the dues.
8. Therefore, learned Counsel for the Respondent/landlord 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.
9. Learned Counsel who appears on behalf of the Petitioner/tenant submits that the demised Premises is one room in old Delhi and rental for that demised Premises will be not be more than Rs.2,000/- per month. Accordingly, learned Counsel for the Petitioner submits that market rental for the area would be in the range of Rs.2,000/- to Rs.3,000/- per month.
10. A perusal of the record shows that the demised Premises is one room situated on the second floor alongwith the terrace of the property, admeasuring 10ft. x 8ft. in Kishan Ganj, North Delhi area.
11. In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
11.1 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 01.02.2020 to 31.03.2022 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 01.04.2022 to 30.09.2023 shall be paid by the Petitioner/tenant at the rate of Rs. 3,500/- per month;
(iii) The use and occupation charges from 01.10.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.4,000/- per month, on or before 7th day of each calendar month. The payment for October, 2023 shall be made by 25.10.2023; and
(iv) The payment of arrears of user and occupation charges as fixed in (i) and (ii) above, shall be paid by the Petitioner/tenant in three equal instalments, i.e., on 15.12.2023, 15.02.2024 and 15.04.2024.
12. 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.
13. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
14. 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 06.02.2020 shall automatically stand dissolved.
15. The Application is accordingly closed.
16. Parties will act based on the digitally signed copy of the order.
RC.REV. 577/2019 & CM Appl.43733/2019[Application for stay]
17. List the matter for hearing on 02.04.2024.
18 In the meantime, learned Counsel for the parties shall file their respective written synopsis, not exceeding three pages each, at least one week before the next date of hearing, along with compilations of judgments, if any, they wish to rely upon.
18.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.

TARA VITASTA GANJU, J
OCTOBER 16, 2023/yg
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RC.REV. 577/2019 Page 2 of 4