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MANMEET PRITAM SINGH ARORA
Sonia Mehra – Appellant
Versus
Hari Chand Verma – Respondent
JUDGMENT :
[Manmeet Pritam Singh Arora, J.] :
CM APPL. 41155/2022 (Fixation of use and occupation charges)
1. The present application has been filed by the Respondent, Landlord, seeking a direction to the Petitioner, Tenant, to pay a sum of Rs.1,25,000/- per month as use and occupation charges from the date of eviction order i.e., 17.07.2019 passed by the Rent Controller, till the date of actual handing over of the possession of the tenanted premises to the Respondent.
2. Learned counsel for the Respondent relies upon rental amount, specified in the certified copies of two registered lease deeds, for similar sized shops located in the vicinity of the tenanted premises. She states that the use and occupation charges of the tenanted premises may be fixed at Rs.1,25,000/- per month being commensurate with the market rent.
3. She states that the Tenant is presently paying a meagre sum of Rs.974/- per month towards monthly rent, excluding all the taxes and charges. She states that the execution of the eviction order dated 17.07.2019 has been stayed by this Court vide interim order dated 15.0
The tenant must compensate the landlords for the loss occasioned by the stay granted by the Court on the execution of the eviction order, and the best indicator for fixing the compensation payable by....
Tenant cannot claim himself/herself to be tenant qua the premises in question after passing of eviction order and courts after passing of eviction order can always put the tenant of premises to terms....
The main legal point established in the judgment is that the tenancy terminated with the passing of the eviction order, and the tenants were liable to pay use and occupation charges to reasonably com....
The court emphasized the necessity of fixing user and occupation charges that reflect fair market rent as a reasonable compensation for landlords during the pendency of eviction appeals.
A tenant is required to pay use and occupation charges at the market rate of like premises till the final disposal of the Petition, and the determination of mesne profits or compensation depends on f....
The main legal point established is the requirement for a tenant to pay use and occupation charges at the market rate of similar premises till the final disposal of the petition, considering the fact....
Tenants must compensate landlords for use and occupation of premises at market rates post-eviction decree, irrespective of prior contractual agreements.
The main legal point established in the judgment is the determination of use and occupation charges based on the market rate of like premises, considering the location, size, and condition of the pro....
The main legal point established in the judgment is that the tenant is required to pay the use and occupation charges at market rate till the final disposal of the petition, as per the legal principl....
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