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Judgment
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 23789/2022[Application seeking payment of use and occupation charges]
This is an Application filed on behalf of the Respondent/landlord seeking directions to the Petitioner/tenant to pay use and occupation charges at the rate of Rs. 10,000/- per month for the premises i.e., a shop on the ground floor of the property no. 2649, Shadipur Main Bazar, New Delhi-110008 [hereinafter referred to as “demised premises’].
The Petitioner and the Respondent are present in person in Court today.
Learned Counsel for the Respondent/landlord submits that the premises in issue is a shop on the ground floor admeasuring 9 x 10 ft in the main Shadipur Market and is being used for goldsmith work.
Learned Counsel for the Respondent/landlord places reliance on the two lease deeds filed along with the Petition the details of which are as below:
| S.No | Date | Premises | Area | Rent |
|---|---|---|---|---|
| 1. | 08.02.2023 | 2658, Shop on the ground floor, Shadipur Main Bazar, New Delhi | 8 x 16 sq.ft. | Rs. 9,500/- per month |
| 2. | 17.08.2022 | 2666, Shop on ground floor, Shadipur, Main Market, New Delhi | 9 x 8 sq. ft. | Rs. 8,000/- per month |
Relying on the aforesaid lease deeds, learned Counsel for the Respondent/landlord submits that the rental for the demised premises should be in the range of Rs. 10,000/- per month.
Learned Counsel for the Petitioner/tenant, on instructions from the Petitioner/tenant submits that the measurement of the area of the shop is incorrect. It admeasures 7 x 8 ft. i.e., 56 sq. ft. In this regard, learned Counsel for the Petitioner/tenant draws attention of the Court to the paragraphs 10 to 13 of his Reply to the present Application wherein it is stated that the shop in question admeasures 7 x 8 ft.
Learned Counsel for the Petitioner/tenant further submits that the rent for the similar shop is not more than Rs. 2,000/- per month as the shop is not in a good condition.
The demised premises is a shop on the ground floor of the property bearing no. 2649 in the Shadipur Main Market. The Eviction Petition does not contain the measurement of the shop or a site plan with measurements. Para 8 of the Eviction Petition reads as follows:
8 Details of the Accommodation The tenancy premises consists of one available together with shop in property No. 2649, Shadipur particulars as regards ground Main Bazar, New Delhi as shown red area, garden and out-houses, in the site plan attached with the if any (plan to be attached) petition situated at the ground floor of that property.
Thus, going by the measurements as set forth by the Petitioner/tenant in his Reply on affidavit, the shop admeasures approximately 56 sq. ft. The Lease Deeds filed by the Respondent/landlord shows that rental of shops in the vicinity are approximately about Rs 92.66 per month per sq. ft.
In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed.
The Petitioners/tenant shall pay to the Respondent/landlord use and occupation charges in the following manner during the pendency of the Revision Petition:
The use and occupation charges for the period from 19.02.2021 to 31.03.2022 shall be paid by the Petitioner/tenant at the rate of Rs.3,000/- per month;
The use and occupation charges from 01.04.2022 to 30.12.2023 shall be paid by the Petitioner/tenant at the rate of Rs.5,000/- per month;
The use and occupation charges from 01.01.2024 onwards shall be paid by the Petitioner/tenant at the rate of Rs. 5,000/- per month, on or before the 7th day of each calendar month;
The use and occupation charges as set forth in paragraphs (i) and (ii) shall be paid by the Petitioner/tenant to the Respondent/landlord in three equal instalments, i.e., 31.01.2024, 31.03.2024 and 31.05.2024.
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.
It is clarified that the use and occupation charges as affixed hereinabove are tentative and are subject to the final outcome of the present Petition.
It is made clear that the use and occupation charges have been fixed on the basis of the measurement of the shop as set forth in the Reply to CM APPL. 23789/2022 filed by the Petitioner/Tenant. The Respondent/landlord is at liberty to file an appropriate Affidavit/Application in the event that the measurement is found to be incorrect.
Subject to the Petitioner complying with the directions as set forth hereinabove, the interim protection granted by this Court on 18.03.2021 shall remain stayed during the pendency of the present Petition.
Needless to state that 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 shall automatically stand dissolved.
The Application is accordingly closed.
RC.REV. 249/2020, CM APPLs. 30338/2020, 23789/2022[Stay]
List the matter on 19.07.2024.
Parties will act based on the digitally signed copy of the order.