JAGJEET KAUR vs ANJU GUPTA

$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 14.12.2023

+ RC.REV. 643/2019 & CM APPL. 49087/2019, CM APPL. 49088/2019, CM APPL. 28402/2023 and CM APPL. 41915/2023
JAGJEET KAUR ….. Petitioner
Through: Mr Ashok Chhabra, Advocate
Mr. Manmeet Singh, son of the Petitioner (through VC).
versus
ANJU GUPTA ….. Respondent
Through: Mr. Ramesh Kumar, Adv.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 41915/2023 [Application for affixation of use and occupation charges]
1. 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 rooms, a pantry, passage and balcony situated on the first floor of property no. 2640-2646, Hamilton Road, Kashmere Gate, Delhi-110006 [hereinafter referred to as the “demised Premises”].
2. 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 25.09.2023, 09.10.2023 and 09.11.2023.
3. Learned Counsel for the Respondent/landlord contends that the demised Premises is a premises admeasuring 990 sq. ft. which is on the main road in Kashmiri Gate, approximately 100-150 meters away from Old Delhi Railway Station. The demised Premises is used by the Petitioner/tenant for the business of automobile parts and accessories and it is located in a famous automobile market of Delhi.
3.1 Reliance is 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.
3.2 Reliance is placed on the lease deed filed dated 30.11.2018, wherein 1250 sq. ft. property on the ground floor has been let out to a bank for a rental of Rs.2,30,000/- per month.
3.3 Learned Counsel for the Respondent/landlord submits that since this is a lease deed qua the ground floor, the rental for the subject premises, which is 990 sq. ft. and which is on the first floor, should be about Rs.1,00,000/- per month.
4. Learned Counsel for the Petitioner/tenant submits that he has placed six sale deeds on record. He submits that the value of the sale deeds is 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.
5. It is further contended by the learned Counsel for the Petitioner/tenant 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.
5.1 Learned Counsel for the Petitioner/tenant relies on a rent agreement dated 20.09.2023 in respect of the property No.1498 which has a rental of Rs.8,500/- for an area of approximately 360 sq. ft.
6. The premises in issue is situated on the first 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. The Petitioner/tenant is admittedly, running a shop from the first floor and uses the second floor for commercial purposes as well.
7. Accordingly, 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/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 01.12.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.25,000/- 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;
(iii) 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;
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 ten 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 15.11.2019 shall automatically stand dissolved.
11. 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.
12. List for affixation of user charges for the period from 20.11.2019 to 31.11.2023 on 07.02.2024.
13. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 14, 2023/SA/g.joshi Click here to check corrigendum, if any

RC.REV. 643/2019 Page 2 of 2