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TARA VITASTA GANJU
Murari Chauhan – Appellant
Versus
Kailash Narain Malhotra – Respondent
JUDGMENT
Tara Vitasta Ganju, J.
CM Appl. 40082/2019[Application seeking directions to pay use and occupation charges]
1. This is an Application filed by the Respondent/landlord seeking directions to the Petitioner/tenant to pay use and occupation charges of the premises i.e., shop on the front side at the ground floor of property bearing no. 22F, Kamla Nagar, Delhi-110007, ad-measuring area 140 sq. ft. [hereinafter referred to as the "demised premises"] from the date of the Eviction order dated 20.09.2018 [hereinafter referred to as "Eviction Order"] till the Revision Petition is finally decided by this Court.
1.1. Learned Counsel appearing on behalf of the Respondent/landlord submits that the Petitioner/tenant is in occupation of the demised premises for many years.
2. The execution of the Eviction Order was stayed by this Court on 19.03.2019.
3. The present Application was filed on 03.08.2019 and the Notice in the Application was issued on 13.03.2020. On 13.03.2020, learned Counsel appearing on behalf of the Petitioner/tenant had sought time to file a Reply to the present Application. The Reply has not been filed despite the last opportunity granted by this Court on 25.01.2023.
4
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 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 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 the significance of lease deeds, property location, and market rent in determining use and occupation charges, and the requirement of timely paymen....
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 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....
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.
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