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TARA VITASTA GANJU
Arun Gupta – Appellant
Versus
Swami Hari Sharna Nand Charitable Trust – Respondent
JUDGMENT
Tara Vitasta Ganju. J.
CM APPL. 39547/2022[Application seeking directions for payment of use and occupation charges]
1. The present Application has been filed on behalf of the Respondent/landlord seeking directions to the Petitioner/tenant to pay use and occupation charges of the premises, i.e., One back hall at Ground Floor and One back Hall at Mezzanine Floor in Property bearing Plot no. 22, Block-E, Darya Ganj, South (Municipal No. 4961) Ward 11, Main Faiz Bazar Road, Netaji Subhash Marg, Darya Ganj, Delhi [hereinafter called "demised premises"] from the date of the Order dated 19.11.2015 [hereinafter called "Eviction Order"] till the present Revision Petition is finally adjudicated by the Court.
1.1. The record shows that the execution of the Eviction Order was stayed by the coordinate bench of this Court on 03.03.2020.
2. This Court had on 08.09.2022, directed the Petitioner/tenant to file a Reply to the present Application. Since no Reply was filed, by Order dated 17.01.2023, this Court had granted a last opportunity to the Petitioner/tenant to file a Reply within three weeks.
2.1. The matter was listed for the affixation of use and occupation charges qua the demised
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....
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 determination of use and occupation charges based on the market rate of like premises, considering the location, size, and condition of the pro....
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 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 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.
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....
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