- (1.) This intra-court appeal is directed against the order dated 25.8.2020 passed by the learned Single Judge of this Court, whereby, the writ petition preferred by the appellant assailing the legality of the order dated 1.2.2020 passed by the Rent Tribunal, Bikaner, has been dismissed.
(2.) The facts relevant are that a petition preferred by the respondent-landlord seeking eviction of the appellant-tenant from a commercial premises and recovery of rent was allowed by the Rent Tribunal, Bikaner vide judgment dated 21.10.13. Aggrieved thereby, an appeal preferred by the appellant before the Appellate Rent Tribunal, Bikaner was dismissed vide order dated 6.9.18. Assailing the legality of the order dated 21.10.13 passed by the Rent Tribunal, Bikaner and order dated 6.9.18 passed by the Appellate Rent Tribunal, the appellant preferred a writ petition being S.B.Civil Writ Petition No. 16790/2018 before this Court. Learned Single Judge vide order dated 13.11.18, while admitting the petition passed an interim order in favour of the appellant in the following terms: "In the meanwhile, the execution of certificate for recovery of possession issued by the Rent Tribunal, Bikaner in Rent Case No.13/2006 pursuant to order dated 21.10.2013 affirmed by the Appellate Rent Tribunal, Bikaner, vide order dated 06.09.2018 passed in Appeal No.180/2013 (C.I.S. No.393/2014) shall remain stayed. However, the petitioner shall continue to pay mesne profit to the respondent/landlord in terms of provision of sub-Section (3) of Section 20 of the Rent Control Act, 2001, subject to the decision of this writ petition. The arrears of the mesne profit, if any, shall be deposited within a period of one month."
(3.) The respondent preferred an application (IA No. 1/19) in the aforesaid writ petition for vacating the interim order dated 13.11.18 contending that the appellant herein has failed to deposit the mesne profit as directed by this Court. The application was disposed of by the learned Single Judge vide order dated 9.9.19 in the following terms: "The matter comes up on an application (IA No. 1/19) preferred on behalf of respondent No.3 for vacating the interim order dated 13.11.2018. Vide order dated 13.11.2018, the execution of certificate for recovery of possession issued by the Rent Tribunal, Bikaner was stayed by this Court, subject to the condition that the petitioner continues to pay mesne profit to the respondent/landlord in terms of provisions of Sub-Section (3) of Section 20 of the Rent Control Act, 2001. Learned counsel appearing for the respondent No.3 submits that the petitioner has failed to deposit the mesne profit, as directed by this Court. However, learned counsel appearing for the petitioner submits that entire amount due has already been deposited. In this view of the matter, the Rent Tribunal, Bikaner is directed to look into the matter. If the petitioner has not deposited the amount of mesne profit in terms of order dated 13.11.2018 passed by this Court, the Tribunal shall be free to proceed with execution of certificate of recovery of possession. The application stands disposed of. The record of the case be sent back to Rent Tribunal, Bikaner forthwith." ;