[2025:RJ-JP:9436] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18500/2023 Ajay Singh S/o Shri Karan Singh, Age 52 Years, Resident Of 59, First Floor, Lane No.3, Laxman Marg, Nami Nagar, Jaipur. ----Petitioner/Appellant Versus Mukesh Nagpal S/o Mohanlal Nagpal, Residing At Flat No. 304, Karan Upasana Residency 3rd Floor, Plot No. 4, Peelwa Garden, Moti Doongari Road, Jaipur. ----Non-Petitioner/Respondent For Petitioner(s) : Mr. Parikshit Singh Shekhawat For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/03/2025 Learned counsel for the petitioner has submitted a copy of the reply filed by the respondent to the original application which is taken on record. This writ petition under Article 227 of the Constitution of India assails the legality and validity of the order dated 11.11.2021 passed by the learned Rent Tribunal No.2, Jaipur Metropolitan First (for brevity, “learned Rent Tribunal”) in case No.185/2020 whereby, an application filed by the petitioner/applicant/landlord (for brevity, “applicant”) under Section 19A of the Rajasthan Rent Control Act, 2001 (for brevity, “the Act of 2001”) has been dismissed. The relevant facts in brief are that the applicant filed an original application under Section 9 of the Act of 2001 seeking eviction of the respondent/non-applicant/tenant (for brevity, “non- [2025:RJ-JP:9436] (2 of 3) [CW-18500/2023] applicant”) from the subject premises on the grounds, inter alia, default in payment of rent. Therein, he filed an application under Section 19A stating that till filing of the original application, i.e., on 15.12.2020, a sum of Rs. 2,74,000/- was due against the respondent towards arrears of rent. It was prayed that the arrears of rent due till filing of the original application and the monthly rent due thereafter may be directed to be paid by the non- applicant. The non-applicant, in its reply to the application under Section 19A, although, disputed and denied any arrears of rent till filing of the original application; but, admitted that the rent was due from January, 2021 till September, 2021. The application filed by the applicant has been dismissed by the learned Rent Tribunal vide order impugned dated 11.11.2021 on the premise that since evidence was yet to be recorded, no order could be passed on it. Assailing the order, learned counsel for the petitioner, eschewing merits of the case qua arrears of the rent till filing of the original application, would submit that indisputably, the non- applicant has not paid rent since January, 2021 and in view of the mandatory provision contained under Section 19A of the Act of 2001, his application deserved to be allowed to that extent. He, therefore, prays that the writ petition be allowed and the order impugned dated 11.11.2021 be quashed to the extent of denial of prayer for payment of monthly rent from January 2021 onwords. None for the respondent despite service. Heard. Considered. The undisputed facts, which emerge from the material on record, are that the non-applicant is tenant in the subject premises on rent at the rate of Rs.38,000/- per month and he has [2025:RJ-JP:9436] (3 of 3) [CW-18500/2023] not paid rent since January, 2021. Section 19 A of the Act of 2001 enjoins upon the learned Rent Tribunal an obligation to direct the tenant to pay to the landlord all dues on account of rent and to continue to pay the same during the pendency of the petition/appeal, as the case may be, as and when it became due. In view of the aforesaid mandatory provision, in the considered opinion of this Court, the learned Rent Tribunal failed to exercise of its jurisdiction in not directing the tenant to pay the admitted arrears of rent and not to direct him to continue to pay the monthly rent during pendency of the petition, as and when fall due. Resultantly, this writ petition is allowed to the extent prayed for. The order dated 11.11.2021 is quashed and set aside. The application filed by the applicant is allowed in terms that the non- applicant would pay arrears of rent since January, 2021 at the agreed rate with 5% increase in it per year within a period of eight weeks from today and shall continue to pay monthly rent to the applicant as and when fall due. (MAHENDAR KUMAR GOYAL),J GAURAV/59