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HIGH COURT OF DELHI
JUDGMENT
M/S SUNEJA CARD EMPORIUM PVT LTD ..... Petitioner
Sharma, Advocates Advocates who appeared in this case:
For the Respondent : None
1. Though office report shows that Respondent was served, there is no appearance on his behalf.
TUSHAR RAO GEDELA, J. (ORAL)
2. Learned counsel for the Petitioner challenges the order dated 04.05.2022 passed by the learned Trial Court whereby the application under Order XV-A read with Section 151 CPC was disposed of by granting Rs.1500/- p.m. as rent of the premises till disposal of the suit.
3. Learned counsel for the Petitioner submits that the learned Trial Court overlooked the relevant issues, one of which is the fact that the Respondent after termination of the tenancy is an unauthorised occupant and therefore user charges have to be calculated in terms of the market Neutral Citation Number 2022/DHC/005385 CM(M) 715/2022 2 rent in the adjacent locality and the other being that the exemplar put on record by the Petitioner was not considered at all.
4. The third submission of learned counsel is based on the judgment of this Court in Raghubir Rai vs. Prem Lata, (2014) 211 DLT 516 to emphasis that the powers of Civil Court under Order XV-A CPC is to be exercised in view of the market rent in the adjacent areas so as to curb the misuse of the premises by unscrupulous litigants.
5. Learned counsel, based on the above, submits that the exemplar which has been placed on record at page 161 of the paper book, indicates that the premises therein were rented out @ Rs.48,000/- p.m. was of a property in the vicinity and submits that the subject property should fetch rent of around Rs.50,000/- p.m. or more.
6. Having heard learned counsel for the Petitioner, this Court is of the view that the learned Trial Court committed a palpable error by overlooking the exemplar placed at page 161 of the paper book while arriving at the rent payable by the Respondent. It appears that the learned Trial Court also has not taken into consideration the true import and the ratio laid down by this Court in Raghubir Rai (supra).
7. This Court is of the opinion that the Trial Court ought to re-examine the entire issue in view of the observations made above and after considering the lease agreement dated 01.10.2020, reconsider the application under Order XV-A read with Section 151 CPC and dispose it of, in accordance with law.
8. In view of the above, petition is disposed of with no orders as to costs.
TUSHAR RAO GEDELA, J DECEMBER 06, 2022