Saligram Ramesh Kumar And Others vs Arvind Sood And Others

Ajay Mohan Goel, J

When this case was taken up for consideration, Shri Prakash Chand (Petitioner No. 2) submits that at the maximum, in case, he is permitted to retain the demised premises till the month of March, 2023, he undertakes to deposit monthly use and occupation charges at the rate of Rs. 1000/- from the month of September, 2021 onwards.

Mr. Ashok Sud, learned Senior Counsel appearing for the respondents, on instructions, submits that a direction be passed for payment of use and occupation charges from the date of passing of the judgment by the learned Appellate Court.

Mr. Deepak Kaushal, learned Counsel for the petitioners, on instructions, submits that this is not possible and petitioner No. 2 would not like to make incorrect statement in the Court. He submits that petitioner No. 2 does not has any source of income and the use and occupation charges, which he is undertaking to pay from the month of September, 2021, is also on account of the wages, which his wife is earning while serving as domestic help.

Taking into consideration the peculiar facts of the case, as has been agreed, petitioner No. 2 is allowed to retain the demised premises till 31st of March, 2023, on payment of Rs. 1000/-per month as use and occupation charges from the month of September, 2021. The statement of Prakash Chand (petitioner No. 2) to this effect is separately recorded.

Accordingly, without interfering with the order and judgment under challenge, this petition is disposed of with the direction that in terms of the undertaking given by petitioner No. 2, namely, Prakash Chand, the demised premises shall be vacated by him on or before 31st of March, 2023. In lieu of the use and occupation charges of the same till 31st March, 2023, an amount of Rs. 1000/- per month shall be paid by the petitioner. The use and occupation charges shall be paid in the Bank account of respondent No. 1 and possession thereof shall also be handed over by the petitioner to respondent No. 1 Sh. Arvind Sood. It is made clear that from the month of November, 2021 till March 2023 or till the time the premises in issue remains in possession of the petitioners before 31st March, 2023, monthly use and occupation charges from the month of November, 2021, shall be paid by the petitioner to respondent No. 1 before 10th of each month. As far as the months of September and October, 2021 are concerned, the petitioner shall deposit the use and occupation charges for these months by 31st October, 2021.

At this stage, a request has been made on behalf of the respondents that arrears of rent deposited by the petitioner be released in the bank account of respondent No. 1. Ordered accordingly. The arrears of rent be released in favaour of respondent No. 1, with up-to-date interest, if any.

The petition stands disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly.