Back
2020 Supreme(Raj) 846
RAJASTHAN HIGH COURT
Sangeet Lodha, Rameshwar Vyas, JJ.
Mustaq Malawat - Appellant
Versus
Jitendra Gidwani - Respondent
Spl. Appl. Writ No. 376/2020
Decided On : 05-12-2020
Mr. J.K.Bhaiya, for the Appellant; Mr. S.S.Ladrecha, for the Respondent
A tenant's obligation to pay mesne profits under the Rent Control Act persists during appeals, and non-compliance can lead to eviction.
Headnote:
Rent - Eviction - Rent Control Act, 2001 - Section 20(3) - The court interpreted the provisions of Section 20(3) of the Rent Control Act, emphasizing the tenant's obligation to pay mesne profits at specified rates despite ongoing appeals, influencing the dismissal of the appeal.
Fact of the Case:
The appellant challenged the eviction order from the Rent Tribunal, claiming compliance with mesne profit payments, while the respondent contended non-compliance, leading to the issuance of a warrant for possession.
Finding of the Court:
The court found that the appellant failed to deposit the required mesne profits as mandated by the Rent Tribunal's order, thus upholding the eviction order.
Issues: Whether the appellant complied with the mesne profit payment requirements as per the Rent Tribunal's order and the implications of ongoing appeals on this obligation.
Ratio Decidendi: The court held that the tenant's obligation to pay mesne profits under Section 20(3) of the Rent Control Act remains intact despite appeals, and failure to comply justifies eviction.
Result: The special appeal is dismissed.
JUDGMENT
1. This intra-court appeal is directed against the order dated 25.8.2020 passed by the learned Single Judge of this Court, whereby, the writ petition preferred by the appellant assailing the legality of the order dated 1.2.2020 passed by the Rent Tribunal, Bikaner, has been dismissed.
2. The facts relevant are that a petition preferred by the respondent-landlord seeking eviction of the appellant-tenant from a commercial premises and recovery of rent was allowed by the Rent Tribunal, Bikaner vide judgment dated 21.10.13. Aggrieved thereby, an appeal preferred by the appellant before the Appellate Rent Tribunal, Bikaner was dismissed vide order dated 6.9.18. Assailing the legality of the order dated 21.10.13 passed by the Rent Tribunal, Bikaner and order dated 6.9.18 passed by the Appellate Rent Tribunal, the appellant preferred a writ petition being S.B.Civil Writ Petition No. 16790/2018 before this Court. Learned Single Judge vide order dated 13.11.18, while admitting the petition passed an interim order in favour of the appellant in the following terms:
"In the meanwhile, the execution of certificate for recovery of possession issued by the Rent Tribunal, Bikaner in Rent Case No.13/2006 pursuant to order dated 21.10.2013 affirmed by the Appellate Rent Tribunal, Bikaner, vide order dated 06.09.2018 passed in Appeal No.180/2013 (C.I.S. No.393/2014) shall remain stayed. However, the petitioner shall continue to pay mesne profit to the respondent/landlord in terms of provision of sub-Section (3) of Section 20 of the Rent Control Act, 2001, subject to the decision of this writ petition. The arrears of the mesne profit, if any, shall be deposited within a period of one month."
3. The respondent preferred an application (IA No. 1/19) in the aforesaid writ petition for vacating the interim order dated 13.11.18 contending that the appellant herein has failed to deposit the mesne profit as directed by this Court. The application was disposed of by the learned Single Judge vide order dated 9.9.19 in the following terms:
"The matter comes up on an application (IA No. 1/19) preferred on behalf of respondent No.3 for vacating the interim order dated 13.11.2018.
Vide order dated 13.11.2018, the execution of certificate for recovery of possession issued by the Rent Tribunal, Bikaner was stayed by this Court, subject to the condition that the petitioner continues to pay mesne profit to the respondent/landlord in terms of provisions of Sub-Section (3) of Section 20 of the Rent Control Act, 2001.
Learned counsel appearing for the respondent No.3 submits that the petitioner has failed to deposit the mesne profit, as directed by this Court.
However, learned counsel appearing for the petitioner submits that entire amount due has already been deposited.
In this view of the matter, the Rent Tribunal, Bikaner is directed to look into the matter. If the petitioner has not deposited the amount of mesne profit in terms of order dated 13.11.2018 passed by this Court, the Tribunal shall be free to proceed with execution of certificate of recovery of possession.
The application stands disposed of.
The record of the case be sent back to Rent Tribunal, Bikaner forthwith."
4. Later, the appellant filed yet another application (IA No.2/2019) in S.B.Civil Writ Petition No.16790/2018 with a prayer that two days' delay in depositing the amount of arrears of mesne profit may be condoned, which was allowed by the learned Single Judge vide order dated 24.9.19 and the delay in depositing the amount was condoned.
5. The respondent preferred two applications dated 5.1.19 and 21.9.19 before the Rent Tribunal and while giving the details of the amount of mesne profit due and the amount actually deposited by the appellant contended that the appellant has failed to deposit the mesne profit in terms of the order dated 13.11.18 passed by the learned Single Judge of this Court in S.B.Civil Writ Petition No. 16790/2018 and therefore, for execution of the certificate for recovery o
