Citation : 2021 Latest Caselaw 7106 Raj/2
Judgement Date : 2 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12643/2021
Smt. Hemlata Sharma W/o Late Shri Gopal Ram Sharma, Aged
About 55 Years, Resident Of D-407, Old Vidhyadhar Nagar,
Sector 8, Jaipur (Raj.)
----Petitioner
Versus
Parvat Singh @ Vikram Singh S/o Shri Prahlad Singh Rajawat,
Resident Of Plot No. 40, Ram Nagar, Vaishnav Vihar, 80 Feet
Road, Nagal Jaisa Bohra, Jaipur.
----Respondent
For Petitioner(s) : Mr. Prahlad Sharma.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/12/2021
The instant writ petition has been filed by the petitioner with
the prayer to direct the Rent Tribunal, Jaipur Metropolitan, Jaipur
to decide the eviction application No.785/2017 expeditiously.
Counsel for the petitioner submitted that the petition is
pending before the Rent Tribunal, Jaipur Metropolitan, Jaipur 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-12643/2021]
"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, Jaipur Metropolitan, Jaipur to
decide the eviction application No.785/2017 preferably within a
period of one year.
(INDERJEET SINGH),J
MG/126
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