SONIA MEHRA Vs. HARI CHAND VERMA

JUDGEMENT

(1.) The The present application has been filed by the Respondent, Landlord, seeking a direction to the Petitioner, Tenant, to pay a sum of Rs.1,25,000.00 per month as use and occupation charges from the date of eviction order i.e., 17/7/2019 passed by the Rent Controller, till the date of actual handing over of the possession of the tenanted premises to the Respondent.

(2.) Learned counsel for the Respondent relies upon rental amount, specified in the certified copies of two registered lease deeds, for similar sized shops located in the vicinity of the tenanted premises. She states that the use and occupation charges of the tenanted premises may be fixed at Rs.1,25,000.00 per month being commensurate with the market rent.

(3.) She states that the Tenant is presently paying a meagre sum of Rs.974.00 per month towards monthly rent, excluding all the taxes and charges. She states that the execution of the eviction order dtd. 17/7/2019 has been stayed by this Court vide interim order dtd. 15/1/2020. She states that with the passing of the eviction order, the tenancy stands terminated and the Tenant is liable to pay market user charges during the pendency of this petition. She relies upon the judgment of this Court in R.K Naith Through Rakesh Kainth, Guardian v. Swadesh Kumar Bhagi & Ors., 275 (2020) DLT 176.