UPINDER KAUR vs HARISH KUMAR JAWA

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 08.10.2024
+ RC.REV. 154/2024 & CM Appl.32836/2024
UPINDER KAUR …..Petitioner
Through: Mr. Aman Preet Singh Rahi, Mr. Yoginder Chauhan, Mr. Puneet Thakur and Mr. Gaurav Pal, Advs.
versus
HARISH KUMAR JAWA …..Respondent
Through: Mr. Rishi Sood and Mr. Prafull Singh Chandel, Advs.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
1. The present Petition has been filed on behalf the Petitioner impugning the order dated 02.03.2024 [hereinafter referred to as “the Impugned Order”] passed by the learned Senior Civil Judge-cum Rent Controller, South East, Saket Courts, New Delhi. By the Impugned Order, the Application for leave to defend filed by the Petitioner has been dismissed and the premises i.e., Shop no. 662-C/8, Govindpuri, Kalkaji, New Delhi-110019, measuring 8.3 ft. X 9ft. as shown in red colour in the plan [hereinafter referred to as “the subject premises”] has been directed to be vacated and be handed over to the Respondent.
2. Learned Counsel for the Respondent submits that the issue in the present Petition has been crystalised by the Court in its order dated 29.05.2024. In this case, there is no dispute qua landlord/tenant relationship or that of bona fide requirement and that the dispute only relates to an alternate accommodation which has also been adequately dealt with by the learned Trial Court.
3. Learned Counsel for the Petitioner submits that during the pendency of the present Petition, the Impugned Order may be stayed.
4. Learned Counsel for the Respondent submits that in the event the Impugned Order is interdicted, the Petitioner/tenant may be directed to pay user and occupation charges 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, which states that once an Eviction Order is passed, the tenant is required to pay the user and occupation charges at market rent till the final disposal of the Revision Petition.
4.1 Learned Counsel for the Petitioner, on instructions from Mr. Jatinder Singh (son of the Petitioner), submits that the Petitioner is willing to pay user and occupation charges at the rate of Rs. 25,000/- per month for the subject premises.
5. Learned Counsel for the Respondent submits that the demised premises is on the ground floor abutting a main road. He further submits that it is in a commercial area of South Delhi.
6. Learned Counsel for the Petitioner does not dispute that fact that the Petitioner is using the subject premises for commercial use, however he submits that the subject premises is in a side lane.
6.1 This contention is refuted by the learned Counsel for the Respondent.
7. However, in view of the fact that the parties have reached a consensus on user charges, without prejudice to the rights and contentions of the parties, and with the consent of the parties, the following directions are passed:
(i) The user and occupation charges for the period commencing from 03.09.2024 shall be paid by the Petitioner at the rate of Rs.25,000/- per month;
(ii) The user and occupation charges for the month of September and October, 2024 onwards, shall be paid by the Petitioner at the rate of Rs.25,000/- per month on or before 15.10.2024; and
(iii) The user and occupation charges from November, 2024 onwards, shall be paid by the Petitioner at the rate of Rs.25,000/- per month on or before 7th day of each calendar month.
8. Subject to the payment of the user and occupation charges as aforesaid, the Impugned Order dated 02.03.2024 is kept in abeyance until the next date of hearing.
9. All payments shall be made into the bank account of the Respondent. The details of the bank account shall be provided by the learned Counsel for the Respondent to the learned Counsel for the Petitioner on his email address within two days under acknowledgment.
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. In the event, there is a default in compliance with the payment of user and occupation charges, the interim protection granted by this Court shall automatically stand dissolved.
11. It is also clarified that amounts already paid/deposited by the Petitioner to the Respondent, if any, shall be adjusted in the user and occupation charges affixed above.
12. Registry is directed to place on record the digital copy of the Trial Court Record duly paginated and book-marked in accordance with the rules of the High Court.
13. List on 04.02.2025.
14. In the meantime, the parties shall file their short note of contentions in the matter at least one week before the next date of hearing, along with the compilation of judgments, if any, they wish to rely upon. All judgments sought to be relied upon 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 8, 2024/r