BRAHAM PRAKASH DHALLA Vs. SHANTA NAGPAL

JUDGEMENT

(1.) The present petition challenges the order dated 3rd April, 2019 by which the ld. Trial Court has directed payment of Rs.7,500/- per month for use and occupation charges. The operative portion of the order reads as under - In view of the above discussion, the application under Section 151 CPC filed by the plaintiffs is allowed. The defendant is directed to deposit the sum of Rs. 7,500/- p.m. as use and occupation charges from 01.01.2015 till the disposal of the present application (which includes the month of April, 2019) within a period of three months from today and the defendant shall continue to deposit a sum of Rs.7,500- every month on or before 15th day of each month from May 2019 onwards. The aforesaid order does not tantamount to decision on the merits and the same is only an interim measure. The amount which remains deposited in the Court would be subject to outcome of this case. After the amount is deposited, appropriate orders would be passed in due course to consider for keeping the deposited amount in fixed deposits.

(2.) The PetitionerTenant (hereinafter, Tenant) is a lawyer occupying property bearing No. 3263, Tiraha Behram Khan, Darya Ganj, New Delhi - 110002 (hereinafter, suit property). The RespondentsLandlords (hereinafter, Landlords) had filed a suit for declaration, possession, recovery of damagesuse and occupation charges and for permanent injunction before the ld. ADJ. The suit is pending adjudication. During the pendency of the suit, an application came to be moved by the landlords seeking payment of use and occupation charges. The prayer in the application was as under -

(3.) The submissions made by the ld. counsel appearing for the Tenant is that the suit itself was not maintainable as no notice was issued under Section 107 read with Section 111 of the Transfer of Property Act, 1882. Thus, the suit is liable to be dismissed in terms of various judgments of the Supreme Court and High Courts. Ld. counsel further submits that as the Landlords had preferred an eviction petition under the Delhi Rent Control Act, 1958, which was pending at the relevant point, no occasion arose for fixing a sum of Rs. 7,500- per month for use and occupation charges. According to ld. counsel for the Landlords, the eviction petition has now been withdrawn.