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TARA VITASTA GANJU
Juglal Ram Chander – Appellant
Versus
Sh. Surinder Pal Jain – Respondent
JUDGMENT
Tara Vitasta Ganju, J.
CM Appl.12463/2023[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., a big Shop bearing no. 4332 (area admeasuring about 100 sq. mts.) situated on the ground floor, Gali Bahuji, Bahadurgarh Road, Sadar Bazar, Delhi-110006 [hereinafter referred to as the "demised Shop"] from the date of the Eviction Order dated 19.02.2019 [hereinafter referred to as "Eviction Order"] till the Revision Petition is finally decided by this Court/date of vacation of the demised Shop.
Contentions on behalf of the learned Counsel for the Respondent/landlord are as follows:
2. Learned Counsel appearing on behalf of the Respondent/landlord submits that:
(i) The predecessor-in-interest of Petitioner/tenant has been a tenant and in occupation of the demised Shop since 1935, and upon inheriting the tenancy rights of the demised Shop, the Petitioner/tenant was paying rent at the rate of Rs.22 and 13 Anna. The last rent paid was Rs. 33/- per month on 23.12.2017, as deposited before the Trial Court.
(ii) The exec
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 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 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.
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....
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.
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