Once the Eviction Order has been passed, the tenant is required to pay the use and occupation charges, without prejudicing the rights of the involved parties the court would fix the rates which would be tentative and subject to the final outcome of the revision Petition. – Delhi HC

Title: Rattan Singh v Anand Kumar Jain

Decided on: 11.10.2023

+ RC.REV. 231/2020 & CM Appl.28246/2020


A dispute arose between the landlord and the tenant regarding the payment of use and occupation charges, The Petitioner/Tenant had filed a Revision Petition and the Respondent/Landlord had filed an application asking the tenant (Petitioner) to pay for using and occupying the property. The Hon’ble Delhi High Court upheld that since the eviction order was passed the Tenant is liable to pay such charges, however, those charges are tentative and subject to the final outcome of the revision Petition.

Facts of the Case

The present judgment was given upon an Application CM Appl.28246/2020, submitted by the landlord (Respondent) in connection to RC.REV. 231/2020 filed by petitioner. The Respondent/Landlord through the application was asking the tenant (Petitioner) to pay for using and occupying the property located at Property No. 3016/2, Masjid Khazoor, Dharampura, Delhi-110006. The landlord was seeking legal directions to compel the tenant to fulfill their obligation to pay use and occupation charges for the premises, which had been called “demised premises” in this case.

Court Judgement and Analysis

According to the Respondent’s Counsel’s Contentions, the Petitioner had not paid the use and occupation charges mandated by the October 9, 2021, eviction order while utilizing the premises. Referencing Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. (2005) 1 SCC 705, he also asserted that the renter is obligated to pay market rent up until the ultimate resolution of the revision petition.

The Respondent’s Counsel asserted that the prevailing rent in the area is Rs.18,000/- per month, referencing two nearby rent agreements. In response, the Petitioner’s Counsel, disputing this rate, cited rent receipts and claimed that the area’s rent ranges from Rs.500/- to Rs.1,000/- per month. They emphasized the demised premises’ dilapidated condition and stated that rent was paid until May 31, 2018, while the Respondent’s Counsel contended that no rent has been paid since June 2016.

The Respondent’s Counsel promised to provide the arrears calculation within a week. The Petitioner’s Counsel agreed to verify and settle the arrears before the next hearing. In place of all the arguments Hon’ble HC upheld that, In this situation, certain directions have to be issued without prejudicing the rights of the involved parties. The petitioner/tenant was required to pay use and occupation charges according to specified rates during the Revision Petition:

The following payment schedule was fixed by the court:

(i) Rs. 3,200/-per month from August 9, 2020 to March 31, 2022; (ii) Rs. 4,200/-per month from April 1, 2022 to September 30, 2023; (iii) Starting on October 1, 2023, payments of Rs. 5,000/-per month are due by the seventh day of each month (October 2023 payment by October 20, 2023); (iv) Paying arrears in three equal installments on November 30, 2023, January 30, 2024, and March 31, 2024

They directed that All payments be made to the Respondent/landlord’s bank account, and they had details to be provided within one week. They also clarified that the mentioned charges are tentative and subject to the final outcome of the petition. And that Default in payment dissolves interim protection granted by the Court on 06.11.2020.  Hence the Application was closed. The revision matter was scheduled for the hearing.

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Written by- Aditi

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