TARA VITASTA GANJU
Ashok Kumar – Appellant
Versus
Satyawati – Respondent
JUDGMENT
Tara Vitasta Ganju, J. (Oral)
CM Appl. 42777/2023 [Application seeking affixation of user and occupation charges]
1. This is an application filed by the Respondent/landlord seeking affixation of use and occupation charges.
2. Learned Counsel for the Petitioner/tenant submits that reply to the application was filed. Reply is, however, not on record.
2.1. On steps being taken, let the Reply be brought on record. A hard copy of the Reply has been handed across by the learned Counsel for the Petitioner/tenant, today.
3. Learned Counsel for the Petitioner/tenant submits that the premises in issue admeasures 100 sq. yds. in the residential area, consisting of Four Rooms, Verandha (used as kitchen), Court yard on the first floor, and One Tin Shed Room and Washroom on the Second Floor [hereinafter referred to as "demised premises"] and is on the right had side of building at premises no. 2922, Ward No. XII, Arya Pura, Subzi Mandi, Delhi-110007.
3.1. Learned Counsel for the Respondent/landlord further seeks to rely on affidavit filed by the LRs of the Respondent placing on record rent receipts in the sum of Rs.15,000/- per month, of the same building on the left had side. However, it is f
The determination of use and occupation charges and the extent of occupation by the tenant are crucial in landlord-tenant disputes.
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 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 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....
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....
Enforcement of tenant's Undertaking for vacating premises and paying use and occupation charges.
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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