Delhi High Court - Orders
Mohd Hannan & Anr vs Abdul Basit on 10 January, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~3(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 120/2020 & CM APPL. 8116/2020
MOHD HANNAN & ANR ..... Petitioners
Through: Mr. Bahar U. Barqi, Advocate.
versus
ABDUL BASIT ..... Respondent
Through: Mr. S.D. Ansari, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 10.01.2022 The hearing has been conducted through video-conferencing. CM APPL. 18786/2020 (by resp. for fixation of use and occupation charges)
1. This application seeks fixation of use and occupation charges in terms of the decision of the Supreme Court in Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd., (2005) 1 Supreme Court Cases 705. apropos Shop No. 976, Ground Floor, Matia Mahal, Jama Masjid, Delhi. The learned counsel for the applicant refers to a Registered Lease Deed dated 04.10.2019 regarding a shop leased out @Rs.70,000/- per month for a period of two years. The said shop is stated to be of lesser area than the one occupied by the present petitioner/tenant and in the vicinity of the shop occupied by the petitioner.
Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:15.01.2022 18:34:022. The learned counsel for the applicant/landlord submits that albeit a higher rent would be payable for the larger shop occupied by the petitioner but, for the moment, the landlord would be content with the lesser amount of Rs.70,000/-, which may be fixed as user and occupation charges.
3. Notice in the application was issued on 13.08.2020 and a reply to the same has been filed. A copy of the Registered Lease Deed relied upon by the landlord was supplied to the tenant when it was filed in July, 2021. In response to it, in a connected matter in RC. Rev. 119/2020, the tenant has filed CM APPL. No. 1344/2022 to the effect that the said documents cannot be the basis for use and occupation charges, since the tenant in the said shop has already left the premises as the rent was too high.
4. What were the personal circumstances of the parties is not an issue to be considered by the court. Instead, what is to be seen is that both the shops are in immediate vicinity to each other, in a prime area of known as Matia Mahal in Shahjahanabad (Old Delhi). The area occupied by the petitioner is larger than the one to which the aforesaid Lease Deed refers to.
5. In the circumstances, assuming that the rental market is depressed due to the pandemic-related constraints, the court is of the view that about 30% lesser rent of Rs.70,000/- i.e. Rs.50,000/-would be a fair amount to be fixed as use and occupation charges to be paid by the petitioner w.e.f. six months after the date of the eviction Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:15.01.2022 18:34:02 order dated 30.09.2019. In effect from 01.04.2020, the tenant shall pay Rs.50,000/- per month. Roughly twenty-two months have gone by. The tenant would owe an amount of Rs.11 lacs which should be paid to the landlord in three equal monthly instalments. The first instalment shall be paid on 20 th of this month. Second instalment shall be paid by 28.02.2022 and third instalment shall be paid by 31.03.2022. The monthly charges too shall be paid by 20th day of each Gregorian calendar month into the bank account of the landlord. The details of the same shall be shared with the learned counsel for the tenant. In the event of default either by date of payment or by way of quantum, costs of Rs.5,000/- would automatically be payable to the landlord. In the event of two consecutive lapses, the stay against the eviction order shall automatically stand dissolved, leaving it to the landlord to evict the petitioner from the premises.
6. The application is disposed-off in terms of the above. RC.REV. 120/2020 & CM APPL. 8116/2020
7. Renotify on 04.08.2022.
8. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J JANUARY 10, 2022 RW Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:15.01.2022 18:34:02