Smt. Hulasi Devi vs Smt. Devi
2021 Latest Caselaw 19185 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17454/2021

Smt. Hulasi Devi W/o Late Shri Narayan Ji, Aged About 48 Years, By Caste Lakhara, Resident Of Kumhariyan Kuwa, Khanda Falsa, Jodhpur.

----Petitioner Versus Smt. Devi W/o Late Shri Jagdish Ji, By Caste Rathi Maheshwari, Resident Of Jogiyo Ka Bas, Inside Siwanchi Gate, Jodhpur.

                                                                ----Respondent


For Petitioner(s)         :    Mr. K.N. Vyas
                               Mr. C.P. Soni
For Respondent(s)         :    Mr. Bharat Boob



                    JUSTICE DINESH MEHTA

                                    Order

16/12/2021

1. By way of the present writ petition, petitioner has challenged

the order dated 07.12.2021 passed by the Rent Appellate Tribunal

to the extent of requiring the petitioner (appellant) to pay three

times the rent, i.e. Rs.4,800/- per month from the date of

institution of the rent petition (from 08.09.2015).

2. Mr. Vyas, learned counsel for the petitioner, submits that

such direction of paying enhanced rent can be issued only from

the date of order or from the date of issuance of certificate for

recovery of possession.

3. Provisions of Section 20(3) of the Rent Control Act, 2001

reads thus:-

"20(3) If the tenant does not vacate the premises within three months of the date of issue of certificate for recovery of the possession he shall be liable, from the date of issue of certificate for recovery of

(2 of 2) [CW-17454/2021]

possession to pay mesne profits at the rate of 2 times in the rent in case of premises let out for residential purposes, at the rate of 3 times the rent in case of premises let out for commercial purposes and at the rate of 3 times the rent in case certificate for recovery of immediate possession has been issued under Section 16."

4. A bare reading of above provision reveals that the enhanced

rent is payable from the date of issuance of certificate for recovery

of possession. The same was admittedly issued on 22.02.2019.

5. The writ petition is, therefore, allowed.

6. The petitioner shall start paying the rent @ Rs.3,200/- per

month forthwith and so far as arrears (from 22.02.2019 to

31.12.2021) are concerned, the same will be cleared by

31.03.2022.

7. In case the petitioner fails to comply with the aforesaid

conditions, the interim order passed by the Rent Appellate Tribunal

granting stay of execution against the judgment and recovery

certificate issued on 22.02.2019 by Rent Tribunal shall stand

vacated.

8. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

58-skm/-

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