Shrimati Sethani Gangabai Trust vs M/S Gibson Medicals

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 4812/2020

Shrimati Sethani Gangabai Trust, Beawar, Situated At Damodar
Das Rathi Marg, Chang Chitar Road, Beawar, Rajasthan Through
Its Managing Trustee, Shri Vishnu Kumar Rathi.
                                                                  ----Petitioner
                                   Versus
M/s Gibson Medicals, A Sole Proprietorship Concern, Shop No. 1
Chikitsalaya Bhawan (At Present Rathi Hospital), Pipliya Bazar,
Shanti Jain School Marg, Beawar District Ajmer Rajasthan
Through Sole Proprietor Shri Noratmal Nahar
                                                                ----Respondent

For Petitioner(s) : Mr. Rajat Ranjan, Adv.

For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

30/11/2021

The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Beawar, District Ajmer to decide the Eviction Petition No.22/2017 expeditiously.

Counsel for the petitioner submitted that the eviction petition is pending before the Rent Tribunal, Beawar, District Ajmer since 2017. 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-4812/2020] "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, Beawar, District Ajmer to decide the Eviction Petition No.22/2017 preferably within a period of one year.

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