Swadesh Pal Gupta v. Late Smt. Shakuntala Harit through LR Amrit Prakash Harit

1. The present Revision Petition has been filed by the Petitioner/tenant impugning the Order dated 20.09.2022 [hereinafter called „Eviction Order‟] passed by the learned Senior Civil Judge cum Rent Controller, South-East, Saket Courts, New Delhi, in Eviction Petition bearing No. RC/ARC 1/2020 qua premises at Property No. 24, Bhogal Road, Jangpura, New Delhi - 110014 [hereinafter called “demisedPremises”]. 1.[1] By way of the Eviction Order, the learned Trial Court has dismissed the Application for Leave to Defend/Contest filed by the Petitioner/tenant.

2. The matter was listed for the affixation of use and occupation charges qua the demised Premises. Both parties have filed their respective submissions along with sample copies of rent agreements of similarly situated properties in the vicinity of the demised Premises.

3. Learned Senior Counsel appearing on behalf of the Petitioner/tenant, Mr. Alok Kumar on instructions, submits that the Petitioner/tenant is agreeable to pay the use and occupation charges for the demised Premises. However, he submits that the demised Premises is one hall on the back side of the property and admeasures 324 sq. ft. which does not have electricity or water connection and does not open on a main street. 3.[1] Learned Counsel of the Petitioner/tenant submits that the rental for the shop would thus not be more than Rs.15,000/- to Rs.17,000/- per month.Mr. Kumar seeks to rely upon the following two rental agreements to evidence the rentals for the like premises in the area:

(i) a shop admeasuring 394 sq. ft. on the Ground Floor with the rental of

(ii) a residential property admeasuring 55 sq. yds., situated opposite to the demised premises with a rental of Rs. 13,000/- per month.

4. Learned Counsel for the Respondent/landlord Mr. Garg,on the other hand has filed three lease deeds of commercial shops, in support of his contention that the rentals for premises similarly situated as the demised Premises varies between about Rs.300/- to Rs.900/- per sq. ft. (approx.) depending on the location of the premises. Learned Counsel for the Respondent/landlord further submits that the location of the demised Premises is a prime location of South Delhi, being Bhogal/Jangpura and hence, the rental would be about Rs.75,000/- per month. It is, however, not disputed that the shop opens out onto the rear side of the lane. 4.[1] Learned Counsel for the Respondent/landlord has further averred that the Petitioner/tenant and/or his family members have taken a shop admeasuring approximately 100 sq. ft. about 30 yds. away from the shop in question at the rate of Rs.25,000/- per month. He, thus, submits that the rate of commercial establishments in the vicinity would not be less than Rs.75,000/- per month. 4.[2] Mr. Garg further submits that the Respondent is an 84 years old lady and that the demised Premises was let out in the year 1984 at the rate of Rs.440/- per month.

5. The law as laid down by the Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd.[1] has been re-affirmed by the Supreme Court in Martin and Harris Private Limited and Another v. Rajendra Mehta and Others[2], holding that the direction to pay mesne profits or compensation depends on the facts and circumstances of each case, with the location of the propertywhether it is in a village, city, or metropolitan areaas well as its naturewhether it is a commercial or residential areaand the standard rate of rentserving as guiding factors in the facts of each case.

6. An analysis of the information given by the parties qua the lease agreement for similarly situated premises can be conveniently set forth in terms of the table‟s below: 6.[1] Sample Lease Deeds placed by Petitioner/tenant on record: Nature Shop Use Commercial Size 394 sq. ft. Rent Rs. 21,000/- (Rupees TwentyOne Thousand) per month. Description/ Details This shop is situated at Ground Floor on the main road with a width of 60 ft. Nature Residential Floor Use Residential Size 495 sq.ft. Rent Rs. 13,000/- (Rupees Thirteen Thousand) per month. Description/ Details This property is situated opposite to the demised Premises (Shop) 6.[2] Sample Lease Deeds placed by Respondent/landlord on record: Size 82.[5] sq. ft. Rent Rs.35,000/- (Rupees Thirty Five Thousand) per month i.e., Rs.422/- per Sq. Ft. Description/Details Entire road is of commercial nature except some residential houses. Size 18*8 sq. ft., total area 144 sq. ft. approximately. Rent Rs. 41,400/- (Rupees Forty One Thousand and Four Hundred) per month i.e., Rs.288/- per Sq. Ft. Description/Details Entire road is of commercial nature except some residential houses. Size 27 sq. ft. approximately. Rent Rs. 25,000/- (Rupees Twenty Five Thousand) per month. Description/Details Entire road is of commercial nature. 6.[3] For the purpose of comparison, the demised Premises can be described in the following manner: Use Commercial/Retail/Godown Size 15 * 21.[6] sq. Ft. i.e., 324 sq. ft. (approx.) Rent Rs. 440/- (Rupees Four Hundred Forty) per month. Description/Details Premises are being used for the purposes of Retail/Godown

7. From a review of the lease deeds as filed by the parties, it can be seen that the shops which are on commercial streets, the rents are in range from approximately Rs.53/- sq. ft. to Rs.225/- per sq. ft. depending on various factors such as location, condition of the premises, amenities available etc. 7.[1] Admittedly, the tenancy is almost 40 years old and without water and electricity. However, keeping in mind its location and the fact that the demisedPremises is being used for a godown/commercial use, the interim use and occupation charges are being fixed at Rs.25,000/- per month by this Court.

8. Without prejudice to the rights and contentions of the parties, 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) Any arrears in rental prior to the Eviction Order shall be paid at the rate of Rs.440/- per month latest by 30.06.2023;

(ii) For the period from 21.03.2023 onwards, use and occupation charges shall be paid at the rate of Rs.25,000/- per month;

(iii) The arrears for March to May, 2023 shall be paid latest by

(iv) From June, 2023 onwards, the user charges in the sum of Rs.25,000/per month shall be paid on or before 7th day of each calendar month except for the charges for June 2023, which shall be paid on or before 25.06.2023.

9. 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 a week.