Madhusudan Chaturvedi S/o Late Jawahar Lal Chaturvedi, Aged vs Smt. Kamlesh W/o Late Gopal Lal R/o Satya Vihar Colony,

Suresh Chand Gupta S/o Shri Bhagwatilal R/o Village Maholi At Present Satya Wati Vihar Colony, Near Roadways Bus Stand Karauli ----Respondents For Petitioner(s) : Mr. Suresh Chand Sharma Mr. Jitendra Choudhary Mr. Gaurav Sharma JUSTICE ANOOP KUMAR DHAND 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 (2 of 4) [CW-17571/2018] 2001 for eviction of the respondents and getting possession of the premises. The Rent Tribunal, Karauli (hereinafter referred to as “the Tribunal”) vide its judgment dated 23.11.2016 allowed the said application and directed the respondents to handover the physical possession of the same to the petitioner within a period of six months and he was further directed to pay a rent of Rs.1000/- to the petitioner with effect from the date of filing of the application till handing over the possession of the premises.

3. It appears that the aforesaid judgment was assailed by the respondents before the Appellate Rent Tribunal by way of filing an appeal, however, the same was rejected vide judgment dated

11.09.2017 and the judgment passed by the Appellate Rent Tribunal was upheld and, thereafter, possession of the premises in question was handed over to the petitioner.

4. At this stage, an application was submitted by the petitioner under Section 20(3) of the Act of 2001 before the Tribunal for issuing directions to the respondents to pay mesne profits upto three times of the rent as per the provisions contained under Section 20(3) of the Act of 2001. However, the Tribunal has rejected the said application submitted by the petitioner on the technical count that the aforesaid provision is directory and not mandatory and the Tribunal, while allowing the application filed by the petitioner, has passed a discretionary order directing the respondents to pay a rent of Rs.1000/- and its arrears to the petitioner from the date of filing of the application till handing over the possession of the premises.

5. Learned counsel for the petitioner has placed reliance upon the judgment dated 05.12.2020 passed by the Division Bench of (3 of 4) [CW-17571/2018] this Court at Principal Seat at Jodhpur in the case of Mustaq Malawat Versus Jitendra Gidwani (D.B. Special Appeal (Writ) No.376/2020) wherein the Division Bench of this Court has taken a view that the provisions contained under Section 20(3) of the Act of 2001 are mandatory. Hence, under these circumstances, the petitioner is entitled to get mesne profits upto three times of the agreed rent, after issuance of possession certificate by the Tribunal. Hence, under these circumstances, the order passed by the Tribunal is not sustainable and is liable to be quashed and set-aside.

6. Per contra, learned counsel for the respondents opposes the arguments raised by learned counsel for the petitioner and submits that the provisions contained under Section 20(3) of the Act of 2001 are not mandatory and the same are directory, hence, discretionary order has been passed by the Tribunal, while allowing the application submitted by the petitioner under Section 9 of the Act of 2001 and that is why a direction has been issued to the respondents to pay a rent of Rs.1000/- to the petitioner, therefore, the petitioner is not entitled to get mesne profits upto three times of the agreed rent, hence, under these circumstances, interference of this Court is not warranted.

7. Heard and considered the submissions made at Bar and perused the material available on the record.

8. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the issue raised in this petition is no more res integra, as the same has been decided by the Division Bench of this Court in the case of Mustaq (4 of 4) [CW-17571/2018] Malawat (supra) with the following observations and directions in Para 11, which read as under:- “11. As per provisions of sub-section (3) of Section 20, if the tenant does not vacate the premises within three months of the date of issuance of certificate for recovery of possession, he shall be liable, from the date of the issue of the certificate for recovery of possession to pay mesne profit at the rate of two times the rent in case of premises let out for residential purposes, at the rate of three times the rent in case the premises let out for commercial purposes and at the rate of three times the rent in case of certificate for recovery of immediate possession has been issued under Section 16.”

9. Considering the above proposition of law, as laid down by the Division Bench of this Court in the case of Mustaq Malawat (supra), this Court finds no valid reason to take a different view except to follow the same, wherein it has been categorically held that the provisions contained under Section 20(3) of the Act of 2001 are mandatory and not directory.

10. Accordingly, the writ petition stands allowed. The impugned order dated 23.12.2017 stands quashed and set-aside. The respondents are directed to pay mesne profits to the petitioner, in terms of the order passed by the Tribunal, i.e., upto three times of the agreed rent, as per Section 20(3) of the Act of 2001.

11. Needless to observe that the respondents would comply with the order passed by this Court, within a period of three months, from the date of receipt of certified copy of this order. Karan/36 (ANOOP KUMAR DHAND),J