TARA VITASTA GANJU
S. P. Kaushal Since Deceased Through Lrs – Appellant
Versus
Shri Anil Misra – Respondent
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 Resp
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 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 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 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 the significance of lease deeds, property location, and market rent in determining use and occupation charges, and the requirement of timely paymen....
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 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....
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 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.
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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