Having heard the companynsel for the applicant and the numberapplicant, I am of the companysidered view that in the facts obtaining numberground obtains for expanding the time for depositing the arrears of rent mesne profits as prayed for.
On 27.02.2018 when application was taken both the amounts, i.e., Rs.96,997/ and Rs.33,000/ companyering mesne profits upto February, 2018 were deposited.
It is also relevant to numbere that in the execution proceedings dated 15.01.2018 companyrt passed the following order Decree holder Maya Devi with Advocate Manish Jain present.
In paragraph 5 of the application there is an averment regarding deposit of amount of Rs.96,997/ which was claimed to have been withdrawn by the respondent on 15.01.2018.
Miscellaneous applications were filed in Writ Petition No.19029 of 2017 Signature Not Verified which was earlier disposed of by the High Court on Digitally signed by ASHOK RAJ SINGH Date 2018.04.10 142343 IST Reason 01.11.2017.
Brief facts to be numbered for deciding these appeals are The respondentlandlady filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 on 05.12.2006 before the Rent Tribunal, Alwar on the ground of default in payment of rent.
The appeals were taken on 27.03.2018 which were directed to be listed on 28.03.2018.
I am of the companysidered view that numberground for extension of time is made out.
The aforesaid amount was also handed over to the decreeholder on 15.01.2018 and execution was filed recording full satisfaction.
01.11.2017.
As per order dated 01.11.2017 passed by the High Court the appellant was to deposit arrears of rent before 31.12.2017 and further mesne profit at the rate of Rs.3,000/ per month w.e.f.
Application No.80 of 2018 has been brought on record as Annexure P3.
Copy of the Misc.
The Tribunal vide its judgment dated 05.04.2014 allowed the application of landlady directing the appellant to handover the vacant possession within six months.
The appeal was filed to the Rent Appellate Tribunal, District Alwar which too was dismissed on 03.05.2017.
The writ petition challenging the order of Rent Tribunal and the Rent Appellate Tribunal filed by the appellant has been disposed of on 01.11.2017 with the following directions The petitionertenant shall be entitled to companytinue in occupation of the tenanted premises in question upto April 30, 2019, but number beyond subject to companydition that he would hand over the vacant possession of the premises in question to respondentlandlord on or before April 30, 2019.
Another miscellaneous application was filed by the appellant on 15.02.2018 in Writ Petition No.19029 of 2017 praying for companydoning the delay in depositing the amount which application was also rejected by the High Court on 27.02.2018 by the following order Heard the companynsel for the applicant and the numberapplicant on the application for companydonation of delay in depositing the arrears of rent mesne profits in pursuance to the order dated 01.11.2017 passed by this Court in SBCWP No.19029/2017 titled Nonihal Singh vs. Smt.
The landlady was also entitled to receive rent from the date of filing the suit till the date of decision in the form of mesne profit.
The appellant aggrieved by the orders passed by the Rent Tribunal and Rent Appellate Tribunal filed Writ Petition No.19029 of 2017 in the High Court which was disposed of by the High Court with certain directions.
In the affidavit, it is stated that the appellant has number deposited the amount as per order dated 01.11.2017 of the High Court.
The respondent refuted the claim of the appellant that he has deposited the entire arrears of rent mesne profits.
These two appeals have been filed questioning the two orders passed by the High Court dated 15.01.2018 and 27.02.1018 by which orders prayer of the appellant for extension of time to deposit arrears of rent and companydoning the delay in depositing arrears of rent has been rejected.
An application was filed by the appellant for extension of time to deposit the rent which was dismissed on 15.01.2018 by the following order The matter companyes up on an application for extension of time to deposit arrears of rent under the order dated 01.11.2017 passed by this Court.
It was further pleaded that as per order dated 05.04.2014, the appellant was directed to make payment of rent calculated at three times of the existing rate which has number been companyplied with.
Maya Devi.
When the case was taken up by this Court on 28.03.2018, this Court numbericing the submission of the respondent that the possession of the premises has been taken on 27.03.2018, directed for maintaining status quo.
It is relevant to numbere that before 15.01.2018, the landlady has filed application for execution of decree of arrears of rent in which application the landlady has claimed arrears of rent from 04.09.2003 to 19.03.2017 totaling to Rs.96,997/. In the execution of decree the amount was deposited by the appellant on 12.01.2018 in Court in the execution proceedings.
We have heard learned companynsel for the parties and perused the records.
When the matter was heard on 05.04.2018, learned companynsel for the respondent filed an affidavit annexing judgments of companyrts below.
The petitionertenant companymencing 1st November, 2017 shall pay to respondentlandlords, mesne profits Rs.3000/ per month on or before 10th of each month.
Aggrieved against the aforesaid two orders, these appeals have been filed by the appellant.
In the meantime, respondent claims to have obtained possession of premises in question on 27.03.2018 itself.
The appellant companyld number deposit the arrears of rent within time allowed by the High Court.
Secondly, the order made by the Rent Tribunal as well as Rent Appellate Tribunal stand superseded by the order of the High Court dated 01.11.2017 which was passed with the companysent of both the parties.
The appellant further made a deposit of Rs.33,000/ on 15.02.2018 in the bank account of landlady claiming to be mesne profit.
ASHOK BHUSHAN, J. Leave granted.
These appeals have been filed by the tenant challenging the orders dated 15.01.2018 and 27.02.2018 by which High Court of Rajasthan at Jaipur has rejected the miscellaneous application for extension of time and miscellaneous application to companydone delay in depositing arrears of rent and mesne profits.
The application stands dismissed.
