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Delhi High Court - Orders

Sh. Surinder Kumar vs Sh. Karamvir Tyagi on 27 March, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~ 71 to 73
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     RC.REV. 200/2022 & CM APPL. 36952/2022(for stay)
                                SH. SURINDER KUMAR                             ..... Petitioner
                                                Through:     Mr. G.P. Thareja, Advocate.

                                                versus

                                SH. KARAMVIR TYAGI                             ..... Respondent
                                                Through:     Mr. D.V. Khatri, Advocate.
                          72.
                          +     RC.REV. 202/2022 & CM APPL. 43049/2022
                                SH. TILAK RAJ                                  ..... Petitioner
                                             Through:        Mr. G.P. Thareja, Advocate.
                                             versus
                                SH. KARAMVIR TYAGI                             ..... Respondent
                                                Through:     Mr. D.V. Khatri, Advocate.
                          73.
                          +     RC.REV. 205/2022 & CM APPL. 37537/2022, CM APPL.
                                37540/2022
                                SURINDER KUMAR                                 ..... Petitioner
                                                Through:     Mr. G.P. Thareja, Advocate.

                                                versus

                                KARAMVIR TYAGI                                 ..... Respondent
                                                Through:     Mr. D.V. Khatri, Advocate.
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                ORDER

% 27.03.2023 Signature Not Verified Digitally Signed By:MAHIMA SHARMA Signing Date:30.03.2023 11:56:50 CM APPL. 36954/2022(for exemption) in RC.REV. 200/2022 Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

1. The learned counsel for the Petitioner has argued the matter for 30 minutes. He states that he requires further time of 30 minutes to conclude his submission.

2. The present batch of revision petitions consists of three (3) separate eviction orders for three (3) shops, all dated 16.04.2022 passed under section 14 (1)(e) of the Delhi Rent Control Act, 1958. The statutory period of six months from the date of the eviction order already stands expired on 15.10.2022.

3. The learned counsel for the Petitioner states that as recorded in the earlier order dated 15.03.2023, the Petitioner is willing to pay use and occupation charges at the rate of 18,000/- per month, per shop.

4. Therefore, in view of the judgment of Supreme Court in Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd., (2005) 1 SCC 705, this Court deems it appropriate to fix the use and occupation charges of the tenanted premises at the rate of Rs. 18,000 per month, for each shop. As noted above, the subject matter of the revision petition are three (3) shops i.e., shop nos. 1, 2 and 3. The Petitioner is thus liable to pay Rs. 18,000/- x 3 = Rs. 54,000/- per month.

5. The Petitioner is directed to pay current use and occupation charges of Signature Not Verified Digitally Signed By:MAHIMA SHARMA Signing Date:30.03.2023 11:56:50 Rs. 54,000 per month. Thus, for April, 2023, the use and occupation charges shall be paid on or before 07.04.2023 and for May 2023 on or before 07.05.2023 and so on during the pendency of this petition.

6. The Petitioner is directed to pay arrears of the use and occupation charges for the tenanted premises, for the period from 15.10.2022 to 31.03.2023 in two equal instalments payable on 15.04.2023 and 30.04.2023, respectively. The sum total of arrears of use and occupation charges payable by the Petitioner for the said period of 5½ months are Rs. 2,97,000/-. The arrears are calculated at Rs. 54,000 per month (Rs. 18,000 x 3 shops) for the said period.

7. The arrears and current use and occupation charges shall be paid directly into the account of the landlord, the particulars whereof are given herein in below:

Oriental Bank of Commerce, New Delhi-Kirti Nagar OBC, N-104, Kirti Nagar, New Delhi A/C No. 00222010081120 Mr. Karam Vir

8. The learned counsel for the Respondent states that subject to the Petitioner depositing the arrears and/or current use and occupation charges within the time granted by this Court, the Respondent shall not pursue the execution petitions and seek an adjournment in the said proceedings. The said statement is taken on record.

9. It is directed that if there is any default by the Petitioner in payment of arrears and/or current use and occupation charges, the Respondent herein is at liberty to proceed with the execution of the eviction orders dated 16.04.2022 and no further orders will be required from this Court.

10. In the meantime, e-copy of the Lower Courts Record (LCR) be called Signature Not Verified Digitally Signed By:MAHIMA SHARMA Signing Date:30.03.2023 11:56:50 for and shall be placed on record before the next date of hearing.

11. Written submission not exceeding three pages be filed by the parties within four weeks.

12. List on 10.05.2023 at 03:30 PM.

MANMEET PRITAM SINGH ARORA, J MARCH 27, 2023/hp/kv Signature Not Verified Digitally Signed By:MAHIMA SHARMA Signing Date:30.03.2023 11:56:50