BALJOR vs SURAJ BHAN

2023-10-20 Information

$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 20.10.2023
+ RC.REV. 112/2019 & CM APPL. 8574/2019, CM APPL. 35188/2019 and CM APPL. 43817/2023
BALJOR ….. Petitioner
Through: Mr. Shashi Shanker and Mr. Priyank Tiwari, Advs. alongwith Petitioner in-person.
versus
SURAJ BHAN ….. Respondent
Through: Mr. Surinder Jain, Adv. with Mr. Naresh Kumar, son of the Respondent.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 35188/2019 [Application for affixation of use and occupation charges]
1. This is an Application filed on behalf of Respondent/landlord seeking affixation of use and occupation charges with respect to the shop-in-question
bearing No. 1086/3, Gurudwara Road, Kotla Mubarak Pur, New Delhi-110003 [hereinafter referred to as the demised Premises].
2. Notice was issued in this Application on 05.08.2019. On that date time was granted to the Petitioner/tenant to file a Reply. Thereafter, several opportunities were given to the Petitioner/tenant to file a Reply, however, no Reply has been filed by the Petitioner/tenant till date.
2.1 In the meantime, since the Respondent/landlord had passed away and no steps were taken by the Petitioner/tenant, the legal representatives of the Respondent/landlord had filed an Application stating that the present Revision Petition was abated which was listed as CM APPL. 43817/2023.
3. The present Application for fixing user charges was listed for hearing before this Court on 19.10.2023, when an accommodation was sought by learned counsel for the Petitioner/tenant to file a Reply.
3.1 Since four years had already elapsed after Notice was issued in this Application, no further time was granted to the Petitioner/tenant to file a Reply. The matter was however adjourned to today to seek instructions from the Petitioner/tenant with respect to the user and occupation charges for the ‘like’ premises.
4. Both the Petitioner/tenant and Mr. Naresh Kumar, one of the sons of the Respondent/landlord are present in Court today.
5. Learned Counsel for the Petitioner/tenant has submitted that he is in use and occupation of the demised Premises since 1973 and he is using the demised premises for the business of sale and purchase of readymade garments.
6. It is also contended by the learned Counsel for the Petitioner/tenant that the charges were paid by the Petitioner/tenant in the year 2010 on behalf of the Respondent/landlord in the sum of Rs. 5,618/- for conversion of the ‘user’ of the demised premises.
6.1 It is further contended by the learned Counsel for the Petitioner/tenant that rental for the like premises in the same vicinity is Rs. 11,000/- per month. Reliance is placed on the photographs annexed at page 120 of the case file.
7. Learned Counsel for the Respondent/landlord submits that he is appearing for the legal representatives of the Respondent/landlord and one of the sons of the Respondent/landlord is contesting on behalf of all the legal representatives of the Respondent/landlord.
7.1 Learned Counsel for the Respondent/landlord seeks to place on record the appropriate documents in this regard.
7.2 Liberty is so granted.
8. Learned Counsel for the Respondent/landlord submits that the demised Premises is a shop on the ground floor abutting a main road in the area of Kotla Mubarak Pur, in South Delhi admeasuring 22 X 12 ft. which is South Delhi neighbourhood and the rental for like premises in the same vicinity is approximately Rs. 25,000/- per month.
9. The demised premises is admittedly is located in south Delhi and being use for commercial activity of sale of readymade garments by the Petitioner/tenant. From a review of the photographs, the premises is seen to be an old shop. Hence, the rental needs to be discounted as such.
10. In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
10.1 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 21.02.2019 to 31.03.2020 shall be paid by the Petitioner/tenant at the rate of Rs. 12,000/- 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. 10,000/- per month; and
(iii) The use and occupation charges for the period from 01.04.2022 to 30.10.2023 shall be paid by the Petitioner/tenant at the rate of Rs. 15,000/- 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. 17,000/- per month, on or before 7th day of each calendar month;
(v) The use and occupation charges as set forth in paragraphs (i), (ii) and (iii) shall be paid by the Petitioner/tenant to the Respondent/landlord in three equal instalments, i.e., 31.12.2023, 31.01.2024 and 31.03.2024.
11. The payments set forth above shall be deposited in the Court by Petitioner/Tenant in terms of the timelines set forth above.
12. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
13. 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 22.09.2019 shall automatically stand dissolved.
14. The Application is accordingly closed.
RC.REV. 112/2019 & CM APPL. 8574/2019 [Application seeking interim relief]
15. In the meantime, it is suggested by the Parties that in the event the parties are referred to mediation, an amicable resolution may be reached in the present matter.
16. Accordingly, let the parties and their authorized representatives be present before the Delhi High Court Mediation and Conciliation Centre on 01.11.2023 at 4 PM.
17. List the matter before the Court for reporting of settlement, if any, on 30.01.2024.
18. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
OCTOBER 20, 2023/SA

RC.REV. 112/2019 Page 2 of 2