SH AMIT KUMAR vs MS SHILPA GHOSH & ANR.

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24.01.2025 + RC.REV. 142/2024, CM APPLs. 29926/2024, 65682/2024 SH AM IT KUMAR .....Petitioner Through: Mr. Varun Dhingra, Advocate versus MS SHILPA GHOSH & ANR. .....Respondents Through: Mr. K.N Singh, Advocate along with Respondent No. 2 in person CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 65682/2024[Application for affixation of use and occupation charges] 1. This is an Application filed on behalf of the Respondents/landlords seeking affixation of use and occupation charges. 2. Notice in the Application was issued by this Court on 11.10.2024, when time was granted to the Petitioner/tenant to file a Reply. On that date, the parties were also directed to file lease deeds, documents/photographs etc. in support of their respective contentions qua use and occupation charges. The matter was thereafter listed on 12.12.2024 as well as on 23.01.2025. 3. In view of the fact that the Petitioner/tenant has not filed any reply nor any documents despite opportunity given, this Court deems it apposite the decide the aforesaid Application based on the documents filed by the Signature Not Verified Digitally Signed RC.REV 142/2024 Page 1 of 5 By:GEETA JOSHI Signing Date:27.01.2025 17:18:34 Respondents/landlords. 4. Learned Counsel appearing on behalf of the Respondents/landlords submits that the subject premises is a shop in a residential area admeasuring 35 sq. yards approximately described as one big hall on ground floor of the property bearing A-94, (Part) Near Shiv Mandir, Shastri Nagar, New Delhi- 110052 [hereinafter referred to as “subject premises”]. He further submits that the subject premises is situated in an unauthorized colony. However, it is contended that the Petit