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Judgment
TARA VITASTA GANJU, J.: (Oral)
CM APPL. 54445/2023 [For use and occupation charges]
This is an Application filed on behalf of the Respondent/landlord seeking affixation of use and occupation charges.
Learned Counsel for the Respondent/landlord submits that the tenanted shop is shop No. 2 admeasuring (9 ft. X 11 ft) in property no. 235, Gali No. 11, Sant Nagar, Burari, Delhi-110084 [hereinafter referred to as “subject premises”].
Notice in the present Application was issued by this Court on 18.10.2023. The record shows that the pleadings in the Application are complete.
Learned Counsel for the Respondent/landlord has filed six lease deeds in respect of his contentions. The rental in these lease deeds varies from Rs. 28,000/- to Rs. 48,000/-. He has also provided a tabular extract of the details qua lease deeds which is set out below:
Lease deed dated 28.07.2017
Nature Ground Floor Area 7.5ft X 15 ft Rent Rs.28,435/- per month w.e.f 01.06.2017 Description/Details One shop in property bearing no. 931/932 (Old No.) and New No. 123/22, Lal Dora situated at Main Market, Sant Nagar Burari, Delhi Lease deed dated 29.12.2017
Nature Ground Floor Area 6 ft X 27.5 ft Rent Rs.30,000/- per month w.e.f 18.12.2017 Description/Details Shop in property bearing No. 308, Gali No. 14, Main Market, Sant Nagar, Burari, Delhi Lease deed dated 23.07.2022
Nature Ground Floor Area 18 ft X 8.5 ft Rent Rs.30,000/- per month Description/Details L-shape corner shop in property bearing No. 123/23/1/1, Gali No. 13, Abadi Known as Main Market, Opposite Tata Power Distribution Ltd. (TPDDL office), Sant Nagar, Burari, Delhi Lease deed dated 22.05.2024
Nature Ground Floor Area 8 ft X 26 ft Rent Rs.45,000/- per month Description/Details One shop in property bearing No. 282, Gali No. 18, Main Market, Sant Nagar, Burari, Delhi Lease deed dated 13.07.2022
Nature Ground Floor Area 10 ft X 26 ft Rent Rs.48,000/- per month Description/Details One shop in property bearing No.282, Gali No. 18, Main Market, Sant Nagar, Burari, Delhi Lease deed dated 16.11.2022
| Nature | Not mentioned |
| Area | 9 ft X 22 ft |
| Rent | Rs.35,000/- per month |
| Description/Details | L corner Shop in property bearing No. 136/04/1, Main Market, Sant Nagar, Burari, Delhi |
Learned Counsel for the Respondent/landlord after relying on these lease deeds submits that the rental should be Rs. 30,000/- per month. Learned Counsel for the Respondent/landlord submits that the tenancy is approximately 30 years old and the subject premises is in good condition. Learned Counsel submits that the subject premises is being used for the purpose of running an electrical shop by the Petitioner/tenant.
Learned Counsel for the Petitioner/tenant requests for an adjournment. The learned Counsel for the Respondent/landlord objects to the same. He submits that the Petitioner/tenant is enjoying interim protection for the last five years i.e. from 16.07.2019, without paying any user charges.
The examination of the reply to the present Application, which was also filed a year ago, shows that the Petitioner/tenant is relying upon an order dated 24.05.2019 in a Civil Suit bearing no. CS 9628/2016, which was previously filed by the Respondent/landlord for recovery of possession and mesne profit for subject premises before the learned Trial Court, to contest that the present Application is not maintainable, as the abovementioned suit with similar prayers is already pending before another Court. However, learned Counsel for the Respondent/landlord submits that the suit was withdrawn.
In view of the aforegoing discussions, and relying on the lease deeds filed and taking into account that the subject premises is almost 30-year-old, this Court deems it appropriate to fix user and occupation charges in the sum of Rs. 13,000/- per month for present.
Accordingly, without prejudice to the rights and contentions of the parties, the following directions are passed:
The user and occupation charges for the period commencing from 01.08.2019 to 31.03.2023 shall be paid by the Petitioners at the rate of Rs.10,000/- per month;
The user and occupation charges for the period commencing from 01.04.2023 to 31.12.2024 shall be paid by the Petitioners at the rate of Rs.12,500/- per month;
The user and occupation charges from 01.01.2025 onwards, shall be paid by the Petitioners at the rate of Rs.13,000/- per month, on or before 7th day of each calendar month;
All arrears of user and occupation charges of the tenanted premises shall be cleared by the Petitioners in three equal instalments payable on 15.01.2025, 28.02.2025 and 31.03.2025.
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 Petitioners/tenants on his email address within two days.
It is clarified that the use and occupation charges as affixed hereinabove are subject to the final outcome of the present Petition.
In the event that there is any default in the payment of use and occupation charges on behalf of the Petitioners/tenants, interim protection as granted by this Court on 16.07.2019 shall automatically stand dissolved.
The Application is accordingly closed.
List on 21.04.2025.
Parties shall act based on the digitally signed copy of the order.