Delhi High Court - Orders
Dr. Sunil Singhal vs Kaluram Rastogi & Anr on 6 September, 2023
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 169/2023 and CM No.33181/2023
DR. SUNIL SINGHAL ..... Petitioner
Through: Mr. A.K. Singla, Sr. Advocate with
M. Akshit Sachdeva, Advocate
versus
KALURAM RASTOGI & ANR. ..... Respondents
Through: Mr. D.K. Rustagi, Advocate
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 06.09.2023 [Physical Hearing/Hybrid Hearing (as per request)]
1. Learned Counsel for the Respondents/landlords submits that the issues raised in the present petition as recorded in Order dated 04.07.2023 cannot in the first instance be raised by the Petitioner/tenant and at best these issues could become point of contention between the brothers/co- owners/landlords herein.
1.1 Learned Counsel for the Respondents/landlords further submits that in any event, even if, post facto ratification in Power of Attorney [POA] is not there, the brother/co-owner of the brother has an implied ratification in terms of provisions of Section 197 of the Contract Act, 1872. 1.2 It is further contended that qua the maintainability of the Petition and the issue of summons, the contentions raised by the Petitioner/tenant have been raised for the first time in the present Petition. These are not triable RC.REV. 169/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:20:23 issues and hence in view of the facts that these contentions were not raised by the Petitioner/tenant in his Leave to Defend, these stand waived.
2. Both parties rely upon judgment in support of their respective contentions, hard copy of which have been placed before the Court today.
3. Let written synopsis not exceeding three pages each, be filed by the learned counsels for the parties at least one week before the next date of hearing, along with compilations of judgments, if any, they wish to rely upon.
3.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth
4. Learned Counsel for the Respondents/landlords submits that execution proceedings shall not be pursued against the Petitioner/tenant until the next date of hearing.
4.1 The statement of Mr. D.K. Rustagi is taken on record.
5. Learned Counsel for the Respondents/landlords submits that since the period of six months is expiring on 16.09.2023, in terms of the judgment of the Supreme Court 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 rent till the final disposal of the Revision Petition.
6. Learned Counsel for the Respondents/landlords submits that user charges for the like premises in this area being, commercial area is approx. Rs.1,00,000/-.
RC.REV. 169/2023 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:20:23
7. Learned Senior Counsel for the Petitioner/tenant refutes this contention and submits that he shall take instructions with regard to the user charges for like premises in the area.
8. Both parties may file their respective lease deeds/documents in support of their contention qua the user charges within three weeks.
9. List on 28.11.2023.
TARA VITASTA GANJU, J SEPTEMBER 6, 2023 yg Click here to check corrigendum, if any RC.REV. 169/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:20:23