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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND, J
Madhusudan Chaturvedi – Appellant
Versus
Smt. Kamlesh – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to tribunal's dismissal on mesne profits. (Para 1 , 2 , 3 , 4) |
| 2. arguments over mandatory vs. discretionary nature of the statute. (Para 5 , 6) |
| 3. court's observation on legal precedent for mesne profits. (Para 7 , 8) |
| 4. affirmation of section 20(3) as mandatory. (Para 9) |
| 5. court's final directive to award mesne profits. (Para 10 , 11) |
Order
03/07/2025
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 23.12.2017 passed by the Senior Civil Judge, Karauli by which application submitted by the petitioner under Section 20(3) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”) has been rejected and the mesne profits of three times the rent has not been awarded to the petitioner while holding that the provisions contained under Section 20(3) of the Act of 2001 are directory and not mandatory.
2. Perusal of the record indicates that a commercial premises was let out by the petitioner to the respondents, thereafter an application was submitted by him under Section 9 of the Act of
2001 for eviction of the respondents and getting possession of the premises. The Rent Tribunal, Kar
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