Yashpal Mahajan v. Harbans Singh

1. This is an Application filed by the Respondent/landlord seeking directions to the Petitioner/tenant to pay mesne profits from the date of Eviction Order i.e., 20.02.2019 [hereinafter referred to as “Eviction Order”] till the pendency of this Revision Petition. It is, prayed that the Petitioner/tenant be directed to pay the mesne profits /user charges @ Rs.25,000/- per month for the premises at shop bearing no. 2632/10, West Patel Nagar, Main Patel Road (Near Metro Pillar No. 214), New Delhi-110008 [hereinafter referred to as “demised premises”].

2. The execution of the Eviction Order was stayed by this Court on 19.08.2019.

3. The record shows that the Application was filed on 18.12.2019 and pleadings in this Application have been completed.

4. Learned Counsel who appears on behalf of the Respondent/landlord submits that this is a very old tenancy and only Rs.10/- is being paid as monthly rent, even though the shop is located in a commercial area on the main Patel Nagar Road. 4.[1] Learned Counsel for the Respondent/landlord further submits that in terms of the law as laid down by the Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. as (2005) 1 SCC 705, the Petitioner/tenant is to pay mesne profits/user charges at market rate and as such the Petitioner/tenant is enjoying the demised premises after eviction without paying any charges. 4.[2] Learned Counsel for the Respondent/landlord relies on a true copy of registered lease deed for ground floor of shop which is numbered as 2360 at the Main Patel Nagar Road in Khampur, New Delhi to submit that the adjacent shop was let out in the year 2017 for a sum of Rs. 22,870/- per month and the said shop admeasures 8'-6" x 18' -0", which is much smaller than the demised premises. He further submits that the market rent for „like‟ premises in 2019 was about Rs. 25,000/- per month and it has only increased with the passage of time.

5. Mr K.K. Srivastava, who appears on behalf of the Petitioner/tenant, submits that the demised premises is a very old shop and is in dilapidated condition. In this regard, he has drawn our attention to the photograph annexed along with his Reply @ PDF Page 299. 5.[1] Learned Counsel appearing on behalf of the Petitioner/tenant, on instructions, further submits that the rent for demised premises is not more than Rs. 3,000/- per month. No lease deed has, however, been placed on record by the Petitioner/tenant in support of his contentions. 5.[2] Learned Counsel for the Petitioner/tenant also challenges the validity of the lease deed filed by the Respondent/landlord as the photocopy has „cross- marks‟ on the document.

6. Learned Counsel for the Respondent/landlord in rejoinder contends that the document relied upon is a true copy of a registered lease deed.

7. The document filed by the Respondent/landlord is a photocopy of a registered lease deed. Although the photocopy is dim, the registration details are apparent, the document appears to be registered with the Sub-Registrar II, Basai Darapur, Delhi [See Page 9 of the Application at page 277 of the PDF file]. 7.[1] The contention of the Petitioner/tenant that the lease deed is invalid, is misconceived, since the registration details are apparent.

8. Admittedly, the demised premises is situated in a commercial street on the main road. The picture of the demised premises as filed along with the Petition shows that the premises is an old one. However, it is also clear from the picture that the demised premises is being used as a shop by the Petitioner/tenant. Given the aforesaid, this Court finds it expedient to affix user charges at Rs. 20,000/- per month for the demised premises for the period from May, 2023 onwards. 8.[1] However, the interim user charges for the period from six months after the passing of the Eviction Order till 30.04.2023 shall be paid at the rate of Rs. 10,000/- per month.

9. 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) The arrears of rental payment, if any, up to the date of passing of the

Eviction Order shall be paid at the rate of Rs. 10/- per month, to the Respondent/landlord prior to the next date of hearing;

(ii) From July, 2023 onwards, the use and occupation charges shall be paid at the rate of Rs. 20,000/- per month on or before 7th day of each calendar month;

(iii) Use and occupation charges at the rate of Rs. 10,000/- per month for the period from 21.08.2019 to 30.04.2023 shall be paid in 4 equal instalments on 31.07.2023; 30.09.2023; 30.11.2023 and 31.01.2024; and

(iv) The charges for May and June, 2023 in the sum of Rs.20,000/- per month shall be paid latest by 30.06.2023.

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 Petitioner/tenant on his email address within one week.