Saroj Rani v. Bimla Tyagi and Ors.

1. A request for an accommodation was made on behalf of the Petitioner on 01.10.2024 and thereafter on 09.10.2024, when both parties sought time to place on record their documents ascertaining user and occupation charges. The said order has not been complied with by the parties.

2. Thereafter, on 11.11.2024, once again a request for an adjournment was made by the learned Counsel for the Petitioner. This Court on 09.10.2024 had recorded the following:

3. A request for an accommodation has been made today also on behalf of the Petitioner and the orders dated 11.11.2024 and 09.10.2024 have not been complied with by the Petitioner. The request is thus denied.

4. Learned Counsel for the Respondent/landlord submits that in terms of the judgment of the Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. reported as (2005) 1 SCC 705, once the Eviction Order has been passed, the tenant is required to pay the use and occupation charges at market rent till the final disposal of the Revision Petition. 4.[1] Learned Counsel for the Respondent submits that the subject premises, is one shop situated on the ground floor of the property bearing Municipal Number H No. 32, Gali no. 3, Sarojini Park, Shastri Nagar. Delhi-110031 [hereinafter referred to as “subject premises”] which is being used for commercial purposes. He submits that the subject premises are being used for sale and purchase of utensils by the Petitioner. 4.[2] Learned Counsel for the Respondent further submits that the subject premises is the area of Shastri Nagar, New Delhi and the rental for the same would be approximately Rs.10,000/- per month. He seeks to rely upon two lease deeds filed by him which are annexed as Annexure A and B of the adjacent properties. The details of the lease deeds are as follows:

1. Lease deed dt. 21.03.2023 Nature Ground floor Use Commercial Area 159 sq.ft. [14.86 Sq. Mtrs] Rent Rs. 20,000 /- (per month) @ Rs. 125/- per sq. ft. Description/details Built up two shops on ground floor, upto ceiling level, area measuring 7.43 Sq Mtrs.(Each Shop), fitted with iron shutter and electricity connection with its separate meter, a part of property bearing No.33, Shastri Nagar, Shahdara, Delhi-110031.

2. Lease deed dt. 12.02.2024 Nature Ground floor Use Commercial Area 159 sq.ft [14.86 Sq Mtrs.] Rent Rs. 22,000 /- (per month) @Rs 138/- per sq. ft. Description/Details Built up one shop on ground floor, upto ceiling level, area measuring 14.86 sq mtrs., fitted with iron shutter and electricity connection with its separate meter, a part of property bearing No.33, Shastri Nagar, Shahdara, Delhi,

110031. 4.[3] No document has been filed by the Petitioner to refute the contentions of the Respondent. 4.[4] Learned Counsel for the Respondent further submits that no electricity charges are being paid by the Petitioner as well.

5. The subject premises admeasures approximately 64 sq. ft. (8X[8] ft.) and is on the ground floor abutting a main road. Concededly, the premises is being utilised for commercial purposes by the Petitioner. The lease deeds relied upon by the Respondent show that the pro rata rental in that area comes to approximately Rs. 9,000/- per month.

6. 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 from 01.12.2024 onwards, shall be paid by the Petitioner at the rate of Rs.10,000/- per month, on or before 7th day of each calendar month;

(iii) The Petitioner will pay all the arrears of utility bills such as electricity and water and any other dues, for the subject premises on or before 15.12.2024; and

(iv) All arrears of user and occupation charges of the subject premises shall be cleared by the Petitioner in two equal instalments payable on 31.12.2024 and 31.01.2025.

7. All payments shall be made into the bank account of the Respondent. The details of the bank account shall be provided by the learned Counsel for the Respondent to the learned Counsel for the Petitioner on his email address within two days.