MOHD YASEEN Vs. GULZAR BEGUM

JUDGEMENT

(1.) This is an application filed by the Respondent, landlady, seeking a direction to the non-applicant, tenant, to pay use and occupation charges at the prevailing market rent during the pendency of the present revision petition, including the arrears from the date of the passing of the eviction order dtd. 7/5/2018.

(2.) The subject matter of the revision petition is one shop admeasuring 8' 3" X 10' 2" situated on the ground floor bearing no. 875, Gali Kuppewali, Ballimaran, Delhi 110006 ('tenanted premises'). A decree of eviction has been passed by the Trial Court in favour of the applicant and against the tenant.

(3.) Learned counsel for the Respondent states that the tenancy stands terminated with passing of the decree of eviction and therefore, the Petitioner herein is liable to pay compensation for use and occupation of the premises at the same rate at which the landlady would have been able to let out the premises and earn the rent if the tenant would have vacated the tenanted premises. She relies upon the judgment of the Supreme Court in Atma Ram Properties Pvt. Ltd. v. Federal Motors Pvt. Ltd., (2005) 1 SCC 705. She states that with the application, the Respondent has placed on record a rent agreement dtd. 9/12/2019 and 13/10/2020 to demonstrate the prevalent market rate of shops located nearby and in the same area. She states that the market rent payable and prevalent for a similar shop, at a similar location is between Rs.12,000.00to Rs.15,000.00per month.