HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12932/2021
Mahent Kulbhushan Das Chela Of Late Mahent Ramkumar Das Ji
Maharaj, R/o 142, Bajrangdas Ji Ki Bagicee, Khatipura Road,
Jaipur (Rajasthan)
----Petitioner
Versus
1. Smt. Geeta Devi, W/o Late Late Dhanaa Lal
2. Smt. Meena Devi W/o Hament, Shopkeeper Shop No. 3,
Mahawer Dry Cleaner, Outside Bajrangdas Ji Ki Bagicee,
Khatipura Road, Jaipur, R/o D-151, Droopdi Marg, Prem
Nagar, Jhotwada, Jaipur.
----Respondents
For Petitioner(s) : Mr. Mohd Adil.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
05/01/2023
Application for early listing is allowed. The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, No.1 (Additional Senior Civil Judge & Additional Chief Metropolitan Magistrate No.1) Jaipur Metropolitan-I to decide the eviction petition No.597/2018 expeditiously.
Counsel for the petitioner submitted that the petition is pending before the Rent Tribunal, Rent Tribunal, No.1 (Additional Senior Civil Judge & Additional Chief Metropolitan Magistrate No.1) Jaipur Metropolitan-I 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. (Downloaded on 06/01/2023 at 11:31:41 PM)
(2 of 2) [CW-12932/2021] 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, Rent Tribunal, No.1 (Additional Senior Civil Judge & Additional Chief Metropolitan Magistrate No.1) Jaipur Metropolitan-I to decide the eviction petition No.597/2018 preferably within a period of one year.
(INDERJEET SINGH),J MG/35 (Downloaded on 06/01/2023 at 11:31:41 PM) Powered by TCPDF (www.tcpdf.org)