HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13176/2021
Mahendra Singh Harkawat Jain S/o Late Meethalal Hakawat Jain,
Aged About 69 Years, R/o Mahaveer Nagar, Vistar Yojna, Kota
(Raj.)
----Petitioner
Versus
Mahendra Singh Khichi S/o Prem Singh Thr. Smt. Meena Kanwar,
R/o 1-D-15, Mahaveer Nagar, Vistar Yojna, Kota (Raj.)
----Respondent
For Petitioner(s) : Mr. Carn Bhatnagar, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
01/12/2021
The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Kota to decide the Rent Application No.32/2019 expeditiously.
Counsel for the petitioner submitted that the eviction petition is pending before the Rent Tribunal, Kota since 2019. Counsel further submits that according to the scheme of Rent Control Act, 2001, the eviction petition has to be decided within a period of 240 days.
In support of contentions, counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Hameed Kunju vs. Nazimin, reported in (2017) 8 Supreme Court Cases 611, wherein it has been held as under:-
"43. Before parting, we consider it apposite to observe that the object of the Rent Laws all over the State is to ensure speedy disposal of eviction cases between the (Downloaded on 04/12/2021 at 09:27:09 PM) (2 of 2) [CW-13176/2021] landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need.
44. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases."
In that view of the matter, the writ petition is disposed of with a direction to the Rent Tribunal, Kota to decide the Rent Application No.32/2019 preferably within a period of one year.
(INDERJEET SINGH),J JYOTI /43 (Downloaded on 04/12/2021 at 09:27:09 PM) Powered by TCPDF (www.tcpdf.org)