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Govardhan Lal vs Smt. Vidya Rani (Deceased) Through Lrs on 15 May, 2023

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                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     RC.REV. 52/2023
                                GOVARDHAN LAL                           ..... Petitioner
                                             Through: Mr. Ranjan Kumar, Advocate.
                                             versus
                                SMT. VIDYA RANI (DECEASED) THROUGH
                                LRS                                     ..... Respondent
                                             Through: Mr. P.K. Shrivastava, Advocate.
                                CORAM:
                                HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                                    ORDER

% 15.05.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL 8205/2023 [Application filed on behalf of the Petitioner seeking condonation of 36 days delay in re-filing the petition]

1. This is an Application seeking condonation of delay in refilling the Petition.

2. Learned Counsel appearing on behalf of the Respondent does not have any objection to the present Application.

3. Accordingly, this Application is allowed and disposed of.

4. The present Petition has been filed impugning the Order dated 31.08.2022 passed by the learned SCJ-cum-RC, South West District, Dwarka Courts, Delhi [hereinafter referred as "Impugned Order"], wherein an order for eviction from the premises at G-86, (Khera) Hastasal Vihar, Uttam Nagar, New Delhi - 110059 [hereinafter referred as "Demised Premises"], has been passed.

5. Learned Counsel appearing on behalf of the Respondent/Landlord submits that the proceedings for execution are pending before the concerned Court. He, however, admits that no money is being paid to the Respondents after the demise of the landlord Smt. Vidhya Rani on 04.12.2019. 5.1 He further submits that in terms of the Supreme Court judgment in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. reported as (2005) 1 SCC 705, once the Eviction Order has been passed, the tenant is required to pay the use and occupation charges at market rate till the final disposal of the present Petition.

6. Learned Counsel for the Petitioner, on instructions, submits that the arrears of rental amount shall be paid on or before 30.06.2023.

7. The learned Counsel for the Respondent submits that the payment may be made into the bank account of the concerned daughter/legal representative of the deceased Respondent and in this regard seeks to rely on the „no- objection‟ given by the other legal representatives for receipt of the aforesaid payment.

7.1 The requisite bank details shall be provided to the learned Counsel for the Petitioner within two days by learned Counsel for the Respondent.

8. Learned Counsel for the Respondent shall also place on record the document(s) relied upon by him including the „no-objection‟ of the other legal representatives. Copy of the same shall be supplied to the learned Counsel for the Petitioner.

9. Learned Counsel for the Petitioner, on instructions, also further submits that his client is willing to deposit the market rent for the Demised Premises during the pendency of this Revision Petition. On instructions, RC.REV. 52/2023 Page 2 of 3 Signature Not Verified Digitally Signed By:RAHUL Signing Date:17.05.2023 07:01:27 learned Counsel for the Petitioner submits that the market rent of similar premises is about Rs.8000/- to Rs.10,000/- per month.

10. Having considered the rival contentions of the parties, it it would be appropriate to direct the Petitioner to pay the use and occupation charges at the rate of Rs.8000/- per month [hereinafter called "User charges"]. 10.1 The User charges for the month of March, 2023 to July, 2023 shall be paid on or before 31.07.2023.

10.2 Thereafter, the User charges shall be paid by the Petitioner on or before the 7th day of each calendar month from August, 2023, onwards.

11. The Petitioner shall pay the aforesaid charges to the legal representatives of the deceased Respondent, whose details have been provided to him by the learned Counsel for the Respondent.

12. Learned Counsel for the Respondent seeks some time to file his Reply to the Revision Petition. Let the Reply be filed within four weeks from today. Rejoinder, if any, be filed within a period of four weeks thereafter.

13. List for further proceedings on 06.12.2023.

14. Needless to state, in the event of non-compliance/failure to make the aforementioned payments within time, the Respondent shall be in liberty to revive the execution proceedings.

TARA VITASTA GANJU, J MAY 15, 2023/pkv Click here to check corrigendum, if any RC.REV. 52/2023 Page 3 of 3 Signature Not Verified Digitally Signed By:RAHUL Signing Date:17.05.2023 07:01:27