BIJAY KUMAR MANISH KUMAR HUF versus ASHWIN BHANULAL DESAI

BIJAY KUMAR MANISH KUMAR HUF versus ASHWIN BHANULAL DESAI

On a prima facie view of the record the tenant had delayed payment of rent and other dues; the lease stood forfeited/determined by reason of alleged non-payment and an unchallenged independent valuer’s report fixed the market occupational rate at INR 41 per sq.ft. To protect the landlord’s entitlement to monetary benefits of the property during the pendency of the SLPs and in exercise of incidental/equitable jurisdiction, the Court directed the respondent to deposit Rs.5,15,05,512 with the Registry within four weeks, subject to the final outcome of the Special Leave Petitions.

Parties
Petitioner / Landlord: Bijay Kumar Manish Kumar HUF; Respondent / Tenant: Ashwin Bhanulal Desai
Jurisdiction
India
Judgment Date
17 May 2024
Procedural Posture
Special Leave Petition (c) No.4049 of 2020 (with Connected Slps) / Interlocutory Applications for Payment of Occupational Charges Pending in Slps (i.a. No.120219 of 2020 and Connected I.a.s)
Outcome
Interlocutory applications disposed of; respondent directed to deposit claimed amount
Legal Topics
Mesne Profit, Occupational Charges, Forfeiture/determination of Lease, Possession, Valuation/market Rent
Landlord and Tenant Law Rent Control Transfer of Property Mesne Profit Occupational Charges Forfeiture/determination of Lease Possession Valuation/market Rent

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Parties

Bijay Kumar Manish Kumar HUF

Petitioner / Landlord

Ashwin Bhanulal Desai

Respondent / Tenant

Procedural Posture

Special Leave Petition (c) No.4049 of 2020 (with Connected Slps) / Interlocutory Applications for Payment of Occupational Charges Pending in Slps (i.a. No.120219 of 2020 and Connected I.a.s)

Legal Issues

  1. 1 Whether respondent/tenant is liable to pay monthly occupational charges/mesne profit at market rate during the pendency of SLPs
  2. 2 Whether occupational charges/mesne profit can be directed without a decree of eviction where lease is alleged to have been forfeited/determined
  3. 3 Whether an independent valuer's market assessment can be adopted for fixation of occupational charges during interlocutory stage

Ratio Decidendi

On a prima facie view of the record the tenant had delayed payment of rent and other dues; the lease stood forfeited/determined by reason of alleged non-payment and an unchallenged independent valuer’s report fixed the market occupational rate at INR 41 per sq.ft. To protect the landlord’s entitlement to monetary benefits of the property during the pendency of the SLPs and in exercise of incidental/equitable jurisdiction, the Court directed the respondent to deposit Rs.5,15,05,512 with the Registry within four weeks, subject to the final outcome of the Special Leave Petitions.

Court Disposition

Interlocutory applications disposed of; respondent directed to deposit claimed amount

Orders

  • Respondent to deposit Rs.5,15,05,512 with the Registry of the Supreme Court within four weeks from date of order
  • Affidavit of compliance to be filed in the Registry within one week after deposit