Full Text
HIGH COURT OF DELHI
Date of Decision: 17.12.2024
SATYA PAL SINGH & ORS. .....Petitioners
Through: Mr. Jatin Rana, Adv.
Through: Mr. Rajesh Sharma, Adv.
17.12.2024 CM Appl.6482/2024[For directions]
JUDGMENT
1. This is an Application filed on behalf of the Respondents for directing the Petitioners to pay user and occupation charges in the sum of Rs. 40,000/per month for the tenanted premises i.e., one shop on the ground floor of property no. 1677, Kucha Jatmal, Dariba Kalan, Delhi – 110006 [hereinafter referred to as “tenanted premises”].
2. Learned Counsel for the Respondents submits that the tenanted premises is a shop on the ground floor admeasuring 10 sq. yds. and being used for commercial purposes by the Petitioners. He submits that the tenanted premises is in the main Chandni Chowk area. He seeks to rely upon a lease deed dated 01.10.2020 which is fetching a rental of Rs.55,000/- per month. The detail of the lease deed is set out below: Lease deed dt. 01.10.2020 Nature Ground floor Use Commercial Area 18 sq. yds. Rent Rs. 55,000 /- (per month) Description/details one shop on ground floor shop no.253 without roof/ terrace rights area measuring 18 sq. yds. with fitted with furniture and fixtures and one tijori with fitted with electricity in running condition situated at main Dariba Kalan, Chandni Chowk, Delhi-110006 2.[1] Learned Counsel for the Respondents submits that for the last three years, rental for these leased premises was Rs. 55,000/- per month and currently the rental for the said premises is approximately Rs. 70,000/- per month. Applying the pro rata rental, the rental asked for by the Respondent for the tenanted premises is Rs. 40,000/- per month.
3. Learned Counsel for the Respondents has also filed coloured photographs of the tenanted premises as well as the premises which has been relied upon in the lease deed.
4. Learned Counsel for the Petitioners, on the other hand, has also relied upon a lease deed dated 05.04.2017. The detail of this deed is below: Lease deed dt. 05.04.2017 Nature Ground floor Use Commercial Area 8 sq. yds. Rent Rs. 4,500 /- (per month) Description/details Shop No.1695-B, Ground Floor, Kucha Jatmal Dariba Kalan, Delhi- 110006 4.[1] Learned Counsel for the Petitioners submits that the lease deed relied upon by the Respondents is for a shop on the main road in a much better condition. He further submits that the tenanted premises is not on the main road but in an inner lane. Reliance is placed upon by the Petitioners on the documents annexed along with the Reply including a Google Map. 4.[1] Learned Counsel for the Petitioners also relies upon photographs to submit that the tenanted premises is in a narrow lane/gali, and four wheelers cannot even enter the said lane.
5. Concededly, the tenanted premises are not on the main road but are in the commercial hub of Chandni Chowk. The area of the tenanted premises is approximately 10 sq. yds as provided by both the parties. It is on the ground floor and is being used by the Petitioners for the sale of trophies, medals etc. The condition of the tenanted premises is also good as can be seen from the photographs filed by the Petitioners themselves. The photographs show that the tenanted premises is in an inner lane and not on the main road, however as per Google Maps, the main road is at a short distance approximately one minute walk from the leased premises relied by the Respondents.
6. In view of the aforegoing, this Court deems it appropriate to fix user and occupation charges in the sum of Rs. 22,000/- per month for present.
7. Accordingly, without prejudice to the rights and contentions of the parties, the following directions are passed:
(i) The user and occupation charges for the period commencing from
(ii) The user and occupation charges for the period commencing from
(iii) The user and occupation charges from 01.12.2024 onwards, shall be paid by the Petitioners at the rate of Rs.22,000/- per month, on or before 7th day of each calendar month;
(iv) All arrears of user and occupation charges of the tenanted premises shall be cleared by the Petitioners in four equal instalments payable on 15.01.2025, 28.02.2025, 31.03.2025 and 15.05.2025; and
(v) The user and occupation charges for the month of December, 2024
8. All payments shall be made into the bank account of the Respondents. The details of the bank account shall be provided by the learned Counsel for the Respondents to the learned Counsel for the Petitioners on his email address within three days.
9. It is clarified that the use and occupation charges as affixed hereinabove are subject to the final outcome of the present Petition.
10. Subject to the payment of user and occupation charges on behalf of the Petitioners, interim order dated 09.09.2020 shall continue during the pendency of the present Petition.
11. In the event there is any default in the payment of user and occupation charges on behalf of the Petitioners, the interim protection granted on 09.09.2020 shall automatically stand dissolved and Respondents will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the user and occupation charges from the Petitioners at market rate for the period from the date of the Eviction Order, in accordance with law.
12. The Application is accordingly closed.
13. The parties seek and are granted time to 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. 13.[1] All judgments sought to be relied upon shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
14. 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.
15. List on 23.04.2025.