Anil Gupta, S/O Late Shri ... vs Manohar Motwani, S/O Shri ...

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11106/2021

Anil Gupta, S/o Late Shri Shivratan Gupta, Aged About 46 Years,
R/o Plot No. 5, A.m.c. 29/511, (New) 358 B And 393 (Old), New
Kavendaspura, Madar Gate, Ajmer
                                                                  ----Petitioner
                                   Versus
Manohar Motwani, S/o Shri Dhannamal, Aged About 62 Years, R/
o 274/234, Bhag Baori, Ajmer And Shop Address - Bombay
Cutlery Store, Shop No. 26, New Kavendaspura, Madar Gate,
Ajmer.
                                                                ----Respondent

For Petitioner(s) : Mr. Veyankatesh Garg, through VC For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH Order 09/11/2021 The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Ajmer to decide the original application No.164/2018 expeditiously.

Counsel for the petitioner submitted that the petition is pending before the Rent Tribunal, Ajmer since 2018. 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:-

(2 of 2) [CW-11106/2021] "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 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, Ajmer to decide the original application No.164/2018 preferably within a period of one year.

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