2026 Supreme(Online)(Del) 10721

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J
City Super Market – Appellant
Versus
Kapil Tandon – Respondent
RC.REV. 34/2026

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 viability, prioritizing a consensual interim arrangement to prevent the petition from becoming infructuous.

Headnote:The dispute centers on determining reasonable use and occupation charges for demised premises during the pendency of a rent control revision petition. The landlord sought higher charges based on comparable market lease deeds, while the tenant contended that the premises were in a dilapidated condition, citing lower rental rates for comparable properties. The Court considered the various lease deeds submitted by both parties and the operational status of the premises. The main issue was to arrive at a fair interim monthly payment for the occupation of the subject property. The Court exercised its discretion, noting that the fixation of such charges is an interim arrangement aimed at balancing the financial interests of both parties until the final adjudication of the revision petition. The ratio rests on balancing the respondent’s right to market-rate compensation against the appellant’s need to maintain the subject property as a functional business entity during litigation. By consent of the parties, the Court ordered the petitioner to pay a sum of Rs. 10,00,000/- per month to the respondents from the date of the impugned order, with a specified timeline for clearing arrears and future payments.