KHALID RIAZ & ORS. vs CHAMAN BEGUM

$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 16.10.2023
+ RC.REV. 116/2022 & CM Appl.24360/2022
KHALID RIAZ & ORS. ….. Petitioner
Through: Mr M. Arshyan, Advocate

versus

CHAMAN BEGUM ….. Respondent
Through: Mr. Vineet Jain, Adv.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM Appl.45173/2022 [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 demised premises i.e. one shop at the ground floor forming part of property No. 5079, Kucha Rehman, Balli maran, Chandni Chowk, Delhi [hereinafter referred to as “demised premises”].
2. Reply to the Application was filed on 13.04.2023. However, the matter could not be taken up on that date.
3. Learned Counsel for the Respondent/landlord seeks to rely upon the Lease Deed dated 12.06.2020 which shows that rental for the main market Chandni Chowk is at the rate of Rs 273 per sq. ft. Calculating on this basis, it is contented that the user charges for the premises should be approximately Rs. 20,000/- per month.
3.1 Learned Counsel for the Respondent / landlord further submits that the premises are not being used and are lying locked by the Petitioner/tenant.
4. Learned Counsel for the Petitioner/tenant submits that the Lease Deed is not in the same vicinity as the demised premises. He further contends that the demised premises is not on the main road but is on an inner road. It is a small shop under staircase.
3. 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.
3.1 Learned Counsel for the Respondent/landlord, submits that the Eviction Order was passed on 16.12.2021 qua the demised premises, and that no use and occupation charges are being paid by the Petitioner/tenant for the demised premises thereafter and that the arrears of rental are also not being paid for several days.
3.2 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.
3.3 Considering that the demised premises is a small shop in Chandni Chowk, that is a main commercial market in Delhi and that the the demised premises is in a dilapidated condition, the rate of use and occupation charges are to be discounted.
4. In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
4.1 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 arrears of rental shall be paid by the Petitioner/tenant to the Respondent/landlord by 30.11.2023. For this purpose, the learned Counsel for the Respondent/landlord shall inform the Petitioner/tenant of the arrears due.
(ii) The use and occupation charges for the period from 16.06.2022 to 30.09.2022 shall be paid by the Petitioner/tenant at the rate of Rs. 7,500/- 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. 9,000/- per 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 (ii) and (iii) above, shall be paid by the Petitioner/tenant in three equal instalments, i.e., on 15.12.2023, 31.01.2024 and 15.03.2024.
5. Additional time to make payment of user charges has been granted at the request of the learned Counsel for the Petitioner/tenant.
6. 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.
7. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
8. 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 23.05.2022 shall automatically stand dissolved.
9. The Application is accordingly closed.
RC.REV. 116/2022 & CM Appl.24360/2022[Application for stay]
10. List the matter on 01.05.2024.
11. Parties to act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
OCTOBER 16, 2023/g.joshi

RC. REV. 116/2022 Page 2 of 2