Karan Madhok and Anr v. Rakesh Yadav

1. Allowed, subject to just exceptions.

2. The Application stands disposed of. CM APPL. 69810/2024 [User charges]

3. This is an Application filed on behalf of the Respondent/landlord seeking affixation of user and occupation charges.

4. Learned Counsel for the Respondent/landlord submits that the tenanted shop is a premises on the ground floor on the main road, admeasuring approximately 216 sq.ft. in the property bearing No. 1/23, Ground Floor, Gali Bediyan, Ganda Nala, Kashmere Gate, Delhi-110006 [hereinafter referred to as “subject premises”]. It is further submitted that it is in the vicinity of Kashmere Gate which is a hub for motor parts. 4.[1] Learned Counsel for the Respondent/landlord submits that rental for the similar premises in the year 2016, admeasuring 7 sq. mtrs. in this area was approximately Rs.9,000/-. He seeks to rely upon registered lease deed which is in vicinity of the subject premises. The details of the lease deed are given below: Lease deed dated 12.02.2016 Nature Ground Floor Area 7 sq. mtrs. Rent Rs. 9,930/- Description/Details Shop bearing No.25, Ground Floor, a part of property bearing No.III/3435 (New), Hasan Building, Fire Stone Motor Market, Nicholson Road, Kashmere Gate, Delhi-110006

5. Learned Counsel for the Respondents submits that the subject premises is 3 times larger in size to the premises for which lease deed dated 12.02.2016 has been filed. He submits that the condition of the subject premises is good. It is thus, the contended that the rental for the subject premises should be in the range of Rs. 50,000/- per month.

6. Learned Counsel for the Petitioners/tenants disputes the contentions of the Respondent/landlord and submits that the subject premises is in a dilapidated condition. Learned Counsel for the Petitioners/tenants further submits the subject premises are being used for motor parts and car accessories. He further submits that the subject premises would not fetch a rent of more than Rs.6,000/- to Rs.8,000/- per month. However, no record in support of these contentions has been placed on record by the learned Counsel for the Petitioners/tenants.

7. This Court has thus examined the lease deed that has been placed on record by the Respondent/landlord. It is not disputed that the subject premises are in the commercial hub on the ground floor on a dual carriage way in the Kashmere Gate area and the subject premises are being used by the Petitioners/tenants as a shop for motor parts and car accessories. The subject premises is on the ground floor, thus the rental value is similar as compared to the adjacent premises. However, the area of the premises is larger, almost 3 times more than the lease deed filed.

8. Given that the subject premises are being used for commercial use by the Petitioners/tenants, this Court deems it apposite to fix a rental of Rs.25,000/- per month.

9. Accordingly, without prejudice to the rights and contentions of the parties, the following directions are passed:

(i) The user and occupation charges from 11.09.2024 onwards, shall be paid by the Petitioner at the rate of Rs.25,000/- per month, on or before 7th day of each calendar month;

(ii) The use and occupation charges for the month of December shall be paid by the Petitioners/tenants at the rate of Rs.25,000/- per month on or before 20.12.2024;

(iii) The payment of arrears of use and occupation charges from

10. 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.

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

12. 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 10.09.2024 shall automatically stand dissolved.