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TARA VITASTA GANJU
Sh. Mohinder Singh – Appellant
Versus
Satish Chander Sikka – Respondent
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 Wes
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 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 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.
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 court established that in rent revision petitions, interim use and occupation charges for demised premises may be determined by balancing comparable market lease data with the parties' financial ....
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