SHRI SHORI LAL THROUGH ATTORNEY HOLDER vs ISMAT ZEHRA

$~113
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 16.10.2023
+ RC.REV. 122/2021 and CM No.27634/2021
SHRI SHORI LAL THROUGH ATTORNEY
HOLDER ….. Petitioner
Through: Mr. Sangam Singh, Advocate

versus

ISMAT ZEHRA ….. Respondent
Through: Mr. A.C. Bhasin and Mr. Amit Bhasain, Advocates
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM Appl.13119/2022 [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. entire property bearing No.10369-A, Ground Floor, Baghichi Peerji, Ram Bagh Road, near Pratap Nagar Metro Station, Delhi-110 007) [hereinafter referred to as “demised premises”].
2. Notice was issued in this application on 16.03.2022.
3. The Reply has been filed .
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.
4.1. 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.
4.2 Learned Counsel for the Respondent/landlord, submits that the Eviction Order was passed on 27.02.2021 qua the demised premises, and that no use and occupation charges are being paid by the Petitioner/tenant for the demised premises thereafter.
5. Learned Counsel for the Respondent/landlord submits that the demised Premises is a residential property on the ground floor admeasuring 44 sq. yds.
5.1 Learned Counsel for the Respondent/landlord relies upon registered lease deed for 2 room set on the 4th floor at a rental of Rs..17,000/- per month in the vicinity of the demised premises to submit that the prevailing rate of rent in the vicinity of the demised premises is Rs.15,000/- per month.
6. Learned Counsel who appears on behalf of the Petitioner/tenant submits that the area of the property is 42.5 sq. yds and not 44 sq. yds. and that the condition of the property is not very good. However, neither party has placed on record any photograph in the matter.
6.1 Learned Counsel for the Petitioner/tenant seeks to rely upon two rent deeds for the premises within the vicinity, each of which has a rental of Rs.4,000/- per month to submit that the prevailing rate of rent in the vicinity of the demised premises is around Rs.4,000/- per month.
7. A perusal of the record shows that the demised premises is entire ground floor of the property. It is being used for residence of the Petitioner and his family members. The demised premises is also situated in the vicinity of Pratap Nagar Metro Station.
8. In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
8.1 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 01.09.2021 to 31.03.2022 shall be paid by the Petitioner/tenant at the rate of Rs.7,500/- 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.8,500/- 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.10,000/- 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.
9. 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.
10. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
11. 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 08.09.2021 shall automatically stand dissolved.
12. The Application is accordingly closed.
13. Parties will act based on the digitally signed copy of the order.
RC.REV. 122/2021 & CM Appl.27634/2021[Application for stay]
13. List the matter for hearing on 02.05.2024.

TARA VITASTA GANJU, J
OCTOBER 16, 2023/yg
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RC.REV. 122/2021 Page 4 of 4