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 payment for the grant of interim protection.

JUDGMENT

[Physical Court hearing/ Hybrid hearing (as per request)]

Tara Vitasta Ganju, J. (Oral)

CM APPL. 28815/2023 [Application for affixation of use and occupation charges]

1. This is an Application filed on behalf of the Respondent/landlord for affixation of use and occupation charges qua the shop admeasuring 22-9" x 9'4 1/2 at Ground Floor, Building No.13/33, WEA, Karol Bagh, New Delhi-110005 [hereinafter referred to as the "demised premises"].

2. It is submitted by the Respondent/Landlord that in terms of the judgment of the Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. reported as (2005) 1 SCC 705, once the Eviction Order has been passed, the tenant is required to pay the use and occupation charges at market rent till the final disposal of the present Revision Petition.

3. Learned Counsel for the parties have filed their respective lease deeds in support of their contentions.

3.1. Learned Counsel for the Petitioner has relied on two lease deeds qua the property bearing No.13/39, Situated at W.E.A, Arya Samaj Road, Karol Bagh, New Delhi-110005 and property bearing No.10596 (13/13), Ward No. XVI, built on Plot No. 13, in Block No.13, situated at Western Extension area, Karol Bagh, New Delhi-110005 fetching the monthly rent of Rs. 20,000/- and 31,000/- respectively.

3.2. While the Respondent/landlord has filed a lease deed qua the shop admeasuring 23 sq. ft. (5" x 4.6") nearby the tenanted property i.e. 13/31 W.E.A. Karol Bagh, New Delhi fetching a monthly rent of approx Rs. 1,00,000/- at present.

4. Learned Counsel for the Respondent/landlord submits that the lease deeds relied upon by the Petitioner, i.e., property bearing No.13/39, Situated at W.E.A, Arya Samaj Road, Karol Bagh, New Delhi-110005 and property bearing No.10596 (13/13), Ward No. XVI, built on Plot No. 13, in Block No.13, situated at Western Extension area, Karol Bagh, New Delhi-110005 are distinguishable from the demised premises in as much as they are either inner lanes or do not have the same frontage as the demised premises.

5. Learned Counsel for the Petitioner/tenant also seeks to rely upon a copy of the site plan of the area which has been filed by him to submit that shop admeasuring 23 sq. ft. (5" x 4.6") at a rental of Rs. 85,471/- per month, nearby tenanted property i.e. 13/31 W.E.A. Karol Bagh, New Delhi-110005 would be apt for the comparison with the demised premises and it is also on a 60 feet wide road with a large frontage.

5.1. It is further contended that since the demised premises is approx 215 sq. feet, the user charges should be fixed at least Rs.4 lacs per month for the demised premises.

5.2. A coloured copy of the area has been handed over to the Court and also to the learned Counsel for the Respondent/landlord to explain these contentions by learned Counsel for the Respondent/landlord. Registry is directed to scan and upload the coloured copy of the site plan. So that it remains embedded in the case file.

6. The premises is a large shop on the ground floor admeasuring 22-9" x 9'4 1/2 and it is located in the commercial hub of Karol Bagh on the main Arya Samaj Road. The shop is on a 60 feet wide road with ample parking space provided for. The construction of the shop is reasonably in a good condition as well.

7. In these circumstances, without prejudice to the rights and contentions of the parties, and with the consent of the parties, the directions below are being passed.

8. The Petitioner/tenant shall pay to the Respondent/landlord use and occupation charges in the following manner during the pendency of the Revision Petition:

(i) The use and occupation charges, for the period from 24.03.2023 to 31.08.2023 shall be paid by the Petitioner/tenant at the rate of Rs. 1.40 lakhs per month;

(ii) The use and occupation charges, for the period from 01.09.2023 onwards shall be paid by the Petitioner/tenant at the rate of Rs. 1.60 lakhs per month on or before 7th day of each calendar month;

9. All payments shall