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TARA VITASTA GANJU
Swadesh Pal Gupta – Appellant
Versus
Late Smt. Shakuntala Harit Through Lr Amrit Prakash Harit – Respondent
JUDGMENT
Tara Vitasta Ganju, J. (Oral)
CM APPL. 2159/2023 [Application filed on behalf of Petitioner seeking interim relief]
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 de
The determination of mesne profits or compensation depends on the location, nature, and standard rate of rent, as guided by legal principles established in Atma Ram Properties (P) Ltd. vs. Federal Mo....
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....
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....
The main legal point established in the judgment is the significance of lease deeds, property location, and market rent in determining use and occupation charges, and the requirement of timely paymen....
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 determination of user and occupation charges is based on the area, condition, and location of the demised premises, and the court has the authority to provide specific directions for payment.
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