IMPORTANT POINT
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.

JUDGMENT

Tara Vitasta Ganju, J. (Oral)

CM APPL. 37133/2022 [Exemption]

1. Allowed, subject to the Petitioner filing legible copies of the annexures within 10 days.

CM APPL. 37135/2022 [Condonation of delay]

2. This is an Application seeking condonation of delay of 47 days in refiling the present Petition.

3. Learned Counsel for the Respondent submits that he has no objection if the prayer made in the Application is allowed.

4. The Application is accordingly disposed of.

CM APPL. 50554/2022 [Condonation of delay]

5. This is an Application filed by Respondent seeking condonation of delay in filing the written synopsis.

6. Learned Senior Counsel appearing on behalf of the Petitioner submits that he has no objection if the prayers in the present Application are allowed.

7. Accordingly, delay is condoned. Written synopsis be taken on record.

8. Application is disposed of accordingly.

CM APPL. 10562/2023(Application seeking direction to pay user and occupation charges)

9. This is an Application filed by the Respondent/landlord seeking affixation of user and occupation charges for the premises B-1/502, Janakpuri, New Delhi [hereinafter referred to as "demised premises"].

10. Learned Counsel for the Respondent/landlord submits that the premises in issue, is an entire House at Janakpuri, New Delhi which is approximately 412 sq. yds. in area [3708 sq. ft.]. It is further contended that the demised premise is an old construction, about 30-40 years old. The demised premises comprise of a built-up ground floor which is in use and occupation of the Petitioner/tenant.

10.1. Learned Counsel further submits that the road in front of the premises is more than 100 sq. ft. and that the area falls in mixed land use as per the Master Plan of Delhi and can be utilised for various commercial activities as well. It was submitted that the demised premises is being used for a doctor's clinic by the Petitioner/tenant. Reliance is placed on a registered lease deed which is of a property which is two buildings away to submit that as per the said lease deed, the average rental is approximately Rs.135 per sq. ft. and that this premises is being given to a bank at a rental of Rs.2.5 lakhs approximately per month.

11. Learned Senior Counsel appearing on behalf of the Petitioner/tenant submits that the fact that the demised premises is 412 sq. yards. area is not disputed. However, it is contended that out of the total area, only a small portion of approximately 500 sq. ft. is the built up area and hence, what is in occupation of the Petitioner/tenant is limited to the same.

11.1. It is further contended that the demised premises is an old building constructed 30-40 years ago and hence, cannot be compared to the premises leased to the bank which is a relatively new building. Relying on the photographs which are annexed to the Reply, that the condition of the property is not very good and it cannot be compared to the new building which is the property rented out to the bank [Annexed at Annexure P-3 of the reply to the present application].

11.2. It is further contended that the covered area in the demised premises is 500 sq. ft. while the covered area in the lease deed relied upon by the Respondent/landlord is approximately 2000 sq. ft.

11.3. Learned Counsel further seeks to rely upon two lease deeds of adjacent properties in Janakpuri itself, the average rental of which are shown between Rs.18 to 25 per sq. ft. to contend that the rental for the premises should not exceed Rs.30,000/- to 35,000/-.

12. The demised premises in issue, is an entire property in Janakpuri abutting a main road. It is admittedly in a mixed land used area making its value more than the usual residential premises. The area in occupation of the Petitioner/tenant is approximately 3700 sq. ft. However, in view of the condition of the demised premises, as is evident from its photographs and as making a comparison between the property adjacent to it which is being relied upon, the rental needs to be discounted as s