VINOD KUMAR vs MANMOHAN SINGH GANDHI (DECEASED) THR LRS & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 30.10.2023
+ RC.REV. 407/2019 & CM Appl.30284/2019
VINOD KUMAR ….. Petitioner
Through: Mr. Siddharth Aggarwal, Adv.

versus

MANMOHAN SINGH GANDHI (DECEASED) THR LRS & ANR
….. Respondents
Through: Mr. Narender Bhandari, Adv.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM Appl. 9106/2022[Application seeking early hearing]
1. This is an Application filed on behalf of Respondent No.2 seeking early hearing in the matter.
2. Since the matter has been taken up today, the Application has become infructuous and is accordingly closed.
CM Appl. 50385/2019 [Application seeking directions to pay market rent/user and occupation charges]
3. This is an Application filed on behalf of the Respondents/landlord seeking directions to the Petitioners/tenants to pay market rent/user and occupation charges for the premises i.e., Shop No. 1/3389, Gali No.1, Regharpura, Karol Bagh, New Delhi-110005 [hereinafter referred to as the “demised premises”].
4. Learned Counsel who appears on behalf of the Respondents/landlord relies on lease deed dated 02.09.2019 to submit that in the same locality, a shop admeasuring 67.5 sq. ft. in the year 2019 was made available at the rental of Rs.16,000/-. Thus, the user and occupation charges for the demised premises should be in the range of Rs.25,000/- per month.
4.1 Learned Counsel for the Respondents/landlord submits that the demised premises is on the ground floor abutting the main road. Relying on the site plan on page 69 of the case file, it is contended that the demised premises is situated on the main Desh Bandhu Gupta Road, Regarpura, Karol Bagh, New Delhi.
5. Learned Counsel for the Petitioner/tenant submits that the lease deed relied upon by the Respondents/landlord is on the main Desh Bandhu Gupta Road, Karol Bagh, New Delhi while the demised premises is in Regarpura, Karol Bagh, New Delhi. Further, that the area of the demised premises is smaller than the shop in the lease deed which is relied upon by the Respondents/landlord.
5.1 Learned Counsel for the Petitioner/tenant seeks to rely upon the site plan as annexed at page 69 of the case file to submit that shop no. 3390 is on a side road and not a main road. Thus, it is contended that the rental for the demised premises would not be more than Rs.4,000/- to Rs.5,000/- per month.
6. A perusal of the record shows that the size of the demised premises is 5 X 14.6 which is 73 sq. ft. The site plan relied upon by the Petitioner/tenant shows that both, a side road and a main road is abutting the demised premises. However, since, the construction of the building is approximately 30 years, the user and occupation charges would have to be discounted.
7. In these circumstances, 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 Respondents/landlord user and occupation charges in the following manner during the pendency of the Revision Petition:
(i) The user and occupation charges for the period from 18.06.2019 to 31.03.2020 shall be paid by the Petitioner/tenant at the rate of Rs.12,000/- per month;
(ii) The user and occupation charges for the period from 01.04.2020 to 31.03.2022 shall be paid by the Petitioner/tenant at the rate of Rs.10,000/- per month; and
(iii) The user and occupation charges for the period from 01.04.2022 to 31.10.2023 shall be paid by the Petitioner/tenant at the rate of Rs.13,500/- per month; and
(iv) The user and occupation charges from 01.11.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.15,000/- per month, on or before 7th day of each calendar month;
(v) The use and occupation charges as set forth in paragraphs 7.1 (i), (ii) and (iii) shall be paid by the Petitioner/tenant to the Respondent/landlord in three equal instalments, i.e., 15.12.2023, 31.01.2024 and 15.03.2024.
8. All payments shall be made into the bank account of the Respondents/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondents/landlord to the learned Counsel for the Petitioner/tenant on his email address within three 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 01.10.2019 shall automatically stand dissolved.
11. The Application is accordingly closed.
12. Parties will act based on the digitally signed copy of the order.
RC.REV. 407/2019 & CM Appl.30284/2019 [Application seeking interim relief]
13. List the matter for hearing on 06.05.2024.

TARA VITASTA GANJU, J
OCTOBER 30, 2023/r
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RC.REV. 407/2019 Page 2 of 2