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2017 DIGILAW 4540 (DEL)

Narinder Kumar Khullar v. Rani Sethi

2017-11-22

R.K.GAUBA

body2017
ORDER : R.K. Gauba, J. CM No. 43185/2016 (for directions to pay user and occupational charges) moved by the respondents. & CM No. 12667/2015(stay) The learned counsel on both sides have been heard and record has been perused. The revision petition in the course of which the application has been filed was preferred by the tenant in occupation of the subject premises, it being commercial, statedly admeasuring 560 sq. yard. Eviction order has been passed against him by the Rent Controller, by judgment dated 04.04.2015, on the ground of bona fide requirements. 2. The respondent landlords rely on the ruling of Supreme Court in Atma Ram Properties Pvt. Ltd. v. Federal Motors Pvt. Ltd., VII (2004) SLT 494 to seek directions to the petitioner to pay Rs. 1,12,000/- as user charges with effect from the date of eviction order during the pendency of the revision petition. Reference is made to lease deed executed on 23.09.2010 respecting another premises comprising 1550 sq. feet area, in a property abutting on the same road, though in adjoining locality known as Roop Nagar wherein the rent was settled by mutual consent of the parties to such lease deed at Rs. 2,50,000/- per month. 3. The petitioner's objection to the prayer in the application is primarily on the ground that the illustration of the above-mentioned property of Roop Nagar cannot be used since it is a newly constructed property whereas the premises in question is an old structure, the tenancy being more than 27 years old. 4. Having regard to the facts and circumstances noted above, there being no other comparative lease shown by the petitioner, in the opinion of this Court, directions for payment of user charges at the rate of Rs. 80,000/- per month would be just and proper. 5. The petitioner is thus, directed to pay to the respondents or deposit in the trial Court an amount of Rs. 80,000 per month as user charges with effect from the date of passing of eviction order as a precondition to stay against execution. 6. The arrears shall be paid or deposited in terms of this order within 30 days and, thereafter, such user charges shall be paid or deposited by 7th of each consecutive month during the pendency of this eviction petition. Subject to the above directions, the stay is made absolute for the pendency of the eviction petition. 6. The arrears shall be paid or deposited in terms of this order within 30 days and, thereafter, such user charges shall be paid or deposited by 7th of each consecutive month during the pendency of this eviction petition. Subject to the above directions, the stay is made absolute for the pendency of the eviction petition. This disposes of both the applications i.e CM No. 43185/2015 & CM No. 12667/2015. The eviction petition be listed on 7th May, 2018. Applications disposed of.