Manohar Lal Bhatia v. Harpal Singh Lamba

1. This is an Application filed on behalf of Respondent/landlord seeking affixation of use and occupation charges in the sum of Rs.45,000/- per month with respect to the premises i.e., property bearing no. 10518-A, First, Second and Third Floor, situated at Bagichi Peerji, Ram Bagh Road, Subzi Mandi, Delhi-110007 [hereinafter referred to as the “demised premises”].

2. Learned Counsel who appears on behalf of the Respondent/landlord contends that the demised premise is located in a residential area near Subzi Mandi area and admeasures about 40 sq. yds. The demised premises is in the occupation of the Petitioner/tenant is first, second and third floor. Reliance is placed on the lease deed which is annexed along with the present Application wherein the rental for the third floor of a premises which is in the area of Lambi Gali, Punjabi Basti, Subzi Mandi, Delhi-110007 [which is contended a kilometre away from the demised premises] is given on rent at the rate of Rs.15,000/- per month. 2.[1] Reliance is further placed on order dated 02.08.2023 passed by this Court in RC. REV. 155/2022 wherein the user and occupation charges for the premises i.e., 10337, admeasuring 43.48 sq. mt. [468.015 sq. ft.], consisting of ground floor and first floor with its roof rights situated at Bagichi Peerji, Ram Bagh Road, Subzi Mandi, Delhi which is adjacent to the demised premises have been fixed at the rate of Rs.20,000/- per month as well.

3. Learned Senior Counsel who appears on behalf of the Petitioner/tenant, on the other hand, while admitting that the demised premises admeasures approximately 40 sq. yds. has submitted that what is in use of the Petitioner/tenant is the first and second floor while there is no permanent built-up structure on the third floor. 3.[1] Learned Senior Counsel for the Petitioner/tenant, on instructions from the Petitioner/tenant who is physically present in the Court today, contends that the room on the third floor is a storage room and in possession of the Petitioner/tenant. 3.[2] Learned Senior Counsel for the Petitioner/tenant further seeks to rely upon lease agreements which have been filed along with its Reply to submit that rent is Rs.4,000/- per month for one room set on the first floor of a neighbouring Padam Nagar area.

4. The demised premises admeasures 405 sq. yds. and is in the Subzi Mandi area. The entire premises on two floors- first and second and the third floor (not built-up) are admittedly in occupation of the Petitioner/tenant. The premises is about 30-40 years old at present and is being used for residential purposes by the Petitioner/tenant.

5. In these circumstances, without prejudice to the rights and contentions of the parties, the directions as set forth below are passed. 5.[1] The Petitioner/tenant shall pay to the Respondent/landlord use and occupation charges in the following manner during the pendency of the Revision Petition:

(i) The use and occupation charges for the period from 22.09.2019 to

(ii) The use and occupation charges for the period from 01.04.2020 to

(iii) The use and occupation charges for the period from 01.04.2022 to

(iv) The use and occupation charges from 01.11.2023 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.22,000/- per month, on or before 7th day of each calendar month;

(v) The use and occupation charges as set forth in paragraphs 5.[1] (i), (ii) and (iii) shall be paid by the Petitioner/tenant to the Respondent/landlord in four equal instalments, i.e., 30.11.2023, 31.01.2024, 31.03.2024 and 15.05.2024.

6. 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 Petitioner/tenant on his email address within three days.

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

8. In the event that there is any default in the payment of use and occupation charges on behalf of the Petitioner/tenant, interim protection as granted by this Court on 06.09.2019 shall automatically stand dissolved.

9. The Application is accordingly closed. RC.REV. 415/2019 & CM Appls.31207/2019[Application for stay]

11. List the matter on the date already fixed i.e., 13.02.2024.