HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9487/2021
1. Hari Shankar Taluka S/o Late Shri Mohanlal Ji, Aged
About 70 Years, R/o Taluka Sadan, D-278, Meera Marg,
Banipark, Jaipur, District- Jaipur, Rajasthan.
2. Smt. Vandana Taluka W/o Shri Narendra Taluka, Aged
About 35 Years, R/o Taluka Sadan, D-278, Meera Marg,
Banipark, Jaipur, District - Jaipur, Rajasthan.
3. Smt. Ritu Taluka W/o Shri Virendra Taluka, Aged About 37
Years, R/o Taluka Sadan, D-278, Meera Marg, Banipark,
Jaipur, District- Jaipur, Rajasthan.
----Petitioners
Versus
1. Ashok Kumar Agarwal S/o Shri Ramnath Agarwal,
Showroom Number 3, Jayanti Market, Jaipur (Rajasthan),
R/o Plot Number 5-Ch-6, Jawahar Nagar, Jaipur.
2. Smt. Kanchan Agarwal W/o Ashok Kumar Agarwal, Aged
About 62 Years, Showroom Number 3, Jayanti Market,
Jaipur (Rajasthan), R/o Plot Number 5-Ch-6, Jawahar
Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Farooq Ahmed, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
27/10/2021
The instant writ petition has been filed by the petitioners with the prayer to direct the Rent Tribunal, Jaipur Metropolitan- 2nd Jaipur to decide the Rent Original Petition No.523/2017 (242/2019) expeditiously.
Counsel for the petitioners submitted that the petition is pending before the Rent Tribunal, Jaipur Metropolitan-2nd Jaipur (Downloaded on 29/10/2021 at 10:20:16 PM) (2 of 2) [CW-9487/2021] 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:-
"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, Jaipur Metropolitan-2nd Jaipur to decide the Rent Original Petition No.523/2017 (242/2019) preferably within a period of one year.
(INDERJEET SINGH),J JYOTI /207 (Downloaded on 29/10/2021 at 10:20:16 PM) Powered by TCPDF (www.tcpdf.org)