NAVEEN SHARMA Vs. RAM DAYAL

JUDGEMENT

(1.) 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.