VINOD KUMAR & ANR vs RAMESHWAR DAYAL

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 21.12.2023
+ RC.REV. 606/2019 & CM APPL. 47320/2022 and CM APPL. 60434/2023
VINOD KUMAR & ANR ….. Petitioner
Through: Mr. K.L. Rajora, Adv. with Mr. Nishant Rajora, Adv.
versus
RAMESHWAR DAYAL ….. Respondent
Through: Mr. Rohit K. Nagpal, Adv. with Mr. Dipanshu Gaba, Adv. with Respondent in-person.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 60434/2023[Application for affixation of use and occupation charges]
1. This is an Application filed on behalf of the Respondent/landlord seeking payment of use and occupation charges in the sum of Rs. 15,000/- per month for each floor with respect to the premises in issue, i.e., Ground Floor and First Floor of property bearing no. 3650, Gali Ram Nath Patwa, Pahar Ganj. New Delhi-110055 [hereinafter referred to as “demised Premises”].
2. Learned Counsel for the Respondent/landlord submits that the demised Premises when let out was one room set on the ground floor and subsequently the Petitioner/tenant illegally constructed first floor above the Ground Floor in the demised Premises.
RC.REV. 606/2019 page 1 of 5
3. It is contended by the learned Counsel for the Respondent/landlord that the demised Premises is in occupation of 10 to 12 persons, i.e., two families.
3.1 Relying on paragraph 7 of the Reply filed by the Petitioner/tenant, learned Counsel for the Respondent/landlord submits that the Petitioner/tenant in his reply has admitted that in terms of the lease deed dated 03.01.2023 the rental for the tenanted premises of 22 sq. yrds. is Rs. 9,000/- per month.
3.2 Based on this contention, it is submitted by Respondent/landlord that the rental for the demised Premises should be Rs. 12400/- approx. for two floors (Rs. 6187 X 2= Rs. 12374/-).
4. Learned Counsel for the Petitioner/tenant submits that the demised Premises is an old building in JJ Cluster. However, Petitioner/tenant admits that he has raised the construction of the first floor on his own, the same is mentioned in Reply filed by the Petitioner/tenant.
5. Learned Counsel for the Petitioner/tenant has not filed any lease deeds and seeks to rely on the document filed by the Respondent/landlord to submit that the document being relied upon by the Respondent/landlord is not in relation of the same locality, where the demised Premises are situated.
5.1 He further submits that the lease deed dated 03.01.2023 filed by the Respondent/Landlord is of a tenanted premises which is a newly constructed building and not in a JJ cluster and cannot be compared to the demised premises.
6. The lease deed/Rent Agreement dated 03.01.2023 relied upon by the Respondent/landlord is a premises which is on the ground floor of premises
RC.REV. 606/2019 page 2 of 5
No. 3641, Gali Ram Nath Patwa, Pahar Ganj, New Delhi. Since the measurement of the demised premises is in dispute, we take the measurement set forth by the Petitioner/tenant which is admeasuring 22 sq. yrds. The demised Premises is consisting of ground floor and first floor at 3650, Gali Ram Nath Patwa, Pahar Ganj, New Delhi and is only nine houses away from the Premises in issue under the lease deed dated 03.01.2023.
7. Accordingly, based on the documents relied upon by the parties the premises in the lease deed dated 03.01.2023 admeasures about 22 sq. yrds. and the rent, thus, be Rs. 6,200/- approx. for one floor. Although, it has been contended that the first floor has been constructed by the Petitioner/tenant, the benefit will enure to the Respondent/landlord being the owner of the demised Premises.
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 10.01.2020 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 31.12.2023 shall be paid by the Petitioner/tenant at the rate of Rs.8,500/- per month;
(iii) The use and occupation charges from 01.01.2024 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.10,000/- per month, on or
RC.REV. 606/2019 page 3 of 5
before 7th day of each calendar month;
(v) The use and occupation charges as set forth in paragraphs 8.1 (i) and (ii) shall be paid by the Petitioner/tenant to the Respondent/landlord in four equal instalments, i.e., 15.01.2024, 29.02.2024, 31.03.2024 and 31.05.2024.
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 three days.
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 20.02.2020 shall automatically stand dissolved.
12. The Application is accordingly closed.
RC.REV. 606/2019
13. Learned Counsel for the Respondent shall file his written synopsis, not exceeding three pages, at least one week before the next date of hearing, along with compilations of judgments, if any, he wishes to rely upon.
13.1 All judgments sought to be relied upon by the learned Counsel for the Respondent shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
14. List the matter for hearing on 26.07.2023.

RC.REV. 606/2019 page 4 of 5

15. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 21, 2023/SA
Click here to check corrigendum, if any
RC.REV. 606/2019 page 5 of 5