Hon'ble BHANDARI, J.—By this writ petition, a challenge has been made to the order dated 17.7.2007 whereby the Appellate Rent Tribunal passed conditional stay on appeal against the order of eviction by Rent Tribunal dated 1.5.2007. A challenge has been made in reference to the provisions of Section 19 and 20 of the Rajasthan Rent Control Act, 2001, (Herein after referred to as `The Act' of 2001).

2. It is submitted that the Appellate Rent Tribunal, has no jurisdiction to issue direction for payment of mesne profit. Such direction can be issued only in execution. Specific reference to Section 20 of the Act has been given in that regard. The rent amount of Rs.1,100/- per month has been enhanced to Rs. 3,400/- per month as mesne profit. Accordingly prayer is made to set-aside the order.

3. On the other hand, learned counsel for the respondents supports the order and submits that the payment of mesne profit is nothing but out come of Section 20(3) of the Act. On expiry of period of three months from the date of issuance of recovery certificate, tenant became liable for payment of mesne profit at the rate given under Section 20(3) of the Act. This however remains subject to final order of Appellate Rent Tribunal.

4. In view of the aforesaid, the direction of payment of mesne profit can be ordered by the Appellate Rent Tribunal. Learned counsel for the respondent has made a reference to the case of Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 wherein mesne profit was allowed at the market rate.

5. I have considered the submissions made by the learned counsel for the parties and perused the record.

6. Since, the main question involved in the matter is in reference to the order passed by Appellate Rent Tribunal for payment of mesne profit while passing the interim order. The question is as to whether Appellate Rent Tribunal has jurisdiction to pass order for payment of mesne profit. For this purpose a reference to Section 19, 20 and 21 of the Act of 2001 would be relevant thus quoted here under:-

19. Appellate Rent Tribunal, Appeals and limitation thereof.- (1) The State Government shall constitute such number of Appellate Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette.

(2) Where two or more Appellate Rent Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

(3) An Appellate Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the High Court.

(4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the Rajasthan Higher Judicial Service having not less than seven years experience as such.

(5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding Officer of the another Appellate Rent Tribunal also.

(6) From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of thirty days from the date of final order alongwith copy of such final order.

(7) The Appellate Rent Tribunal, upon filing an appeal under sub-section (6), shall serve notice, accompanied by copy of appeal, on the respondent on the date fixed by the Rent Tribunal under Section 17 for the appearance of the parties before it. If the respondent fails to appear on the date so fixed before the Appellate Rent Tribunal, he may be proceeded against ex-parte. in case the final order under Section 17 was passed in ex-parte proceedings against any party, the Appellate Rent Tribunal shall issue notice, accompanied by copy of appeal, fixing a date not later than thirty days, re

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