NARINDER KUMAR KHULLAR Vs. RANI SETHI AND ANR.

JUDGEMENT

(1.) 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.