Mahinder Kaur (Since Deceased) Thr Her Legal Representatives & Ors. vs O P Verma (Since Deceased) Thr His Legal Representative

TARA VITASTA GANJU, J.: (Oral)

This is an Application seeking affixation of user and occupation charges.

This Court had on 28.11.2024 directed that despite the interim protection being granted to the Petitioners/tenants on 21.02.2018, no user and occupation charges are being paid. In terms of the judgment of the Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd.^{11.(2005) 1 SCC 705}, once an Eviction Order is passed, the tenant is required to pay the use and occupation charges at market rent till the final disposal of the Revision Petition.

The Respondent/landlord had filed three lease deeds while the Petitioners filed a short note alongwith some photographs.

Learned Counsel for the Respondent/landlord submits that the premises in issue comprises of a residential property being on the ground floor in an affluent area of South Delhi bearing No. C-109, Greater Kailash-I, New Delhi [hereinafter referred to as “subject premises”].

Learned Counsel for the Respondent/landlord submits that the entire ground floor is in occupation of the Petitioners/tenants.

Learned Counsel for the Respondent/landlord seeks to rely upon three lease deeds all properties of a similar size and in the vicinity of the subject premises, with the following details:

Based on these lease deeds, it is the contention of the Respondent/landlord that the rental for the subject premises should be in the range of Rs.1.5 lacs per month.

Learned Counsel for the Petitioners/tenants on the other hand, submits that the lease deeds relied upon by the Respondent/landlord are for newer premises. In addition, relying on the photographs filed alongwith the Petition, it is contended that the subject premises is in a dilapidated condition and would not fetch so much rent.

Concededly, the subject premises is on the ground floor, comprising of 3 bedrooms with 3 attached bathrooms, 1 drawing-dining, 1 kitchen, 1 mezzanine room, front and back courtyard and car parking space under canopy on a plot of 300 sq. yards. It is in an affluent South Delhi colony of Greater Kailash Part-I, New Delhi.

Learned Counsel for the Respondent/landlord has relied upon lease deeds which are of the year 2016-2017 which are showing a rental between Rs.85,000/- to Rs.1,25,000/- for higher floors. The rental for ground floor would concededly be more than the floors above. However, keeping in mind that the condition of the subject premises, the Court deems it apposite to fix interim user and occupation charges at Rs. 70,000/- for the present period in the manner as set out below.

Accordingly, without prejudice to the rights and contention of the parties, the following directions are passed:

The use and occupation charges for the period from 01.01.2025 onwards shall be paid on or before the 7th day of every calendar month to the Respondent/landlord. For this purpose, 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 two days.

It is clarified that the use and occupation charges as affixed hereinabove are subject to the final outcome of the present Petition.

The Respondent/landlord is at liberty to file an appropriate Application for apportionment of the user and occupation charges affixed today, in accordance with law.

In the event there is any default in the payment of user and occupation charges on behalf of the Petitioners/tenants, the interim protection granted by this Court on 21.02.2018 shall automatically stand dissolved.

The Application stands disposed of.

This is an Application under Section 340 read with Section 195(1)(b) of the Code of Criminal Procedure, 1973.

Considering the Acts which have been invoked by the Petitioners/tenants are no longer valid, the Application is dismissed.

The Respondents who appear before this Court submit that the Respondent/landlord is represented through his 5 Class-I legal representatives under the Hindu Succession Act, 1956, two of whom are physically present in the Court today.

The Petitioner is directed to file an amended memo of parties within two days setting out the details of the legal representatives of the Respondent/landlord since the memo of parties does not contain details. Learned Counsel for the Respondent/landlord shall provide to learned Counsel for the Petitioners/tenants, the details of the legal representatives available with him.

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.

The parties shall file their respective written synopsis, not exceeding three pages each, at least one week before the next date of hearing, along with the compilation of judgments, if any, they wish to rely upon.

List on 03.04.2025.