Surendra Mohan Paliwal S/O ... vs Ramswaroop S/O Shri Bhorilal ...
2021 Latest Caselaw 7153 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 12756/2021

Surendra Mohan Paliwal S/o Narendra Mohan Paliwal, Aged
About 70 Years, R/o Makan No. 1925 Raiji Bhawan Nahargarh
Road Purani Basti Pandya Niwas Ke Samne Chandpol Bajar Jaipur
Rajasthan.
                                                                    ----Petitioner
                                     Versus
Ramswaroop S/o Shri Bhorilal Jaiswal, R/o Makan No. 2789-91
Harijethi Ka Makan Uniyaro Ka Rasta Chandpol Bajar Jaipur
(Deceased) 1/1 Kishan Kumar Urf Krishna Kumar Jaiswal R/o
Makan No. 2789-91 Harijethi Ka Makan Uniyaro Ka Rasta
Chandpol Bajar, Jaipur. And R/o Dukan No. 4, Makan No. 1925,
Raiji Bhawan Nahargarh Road Purani Basti Pandya Niwas Ke
Samne Chandpole Bajar Jaipur, Rajasthan.
                                                                  ----Respondent

For Petitioner(s) : Mr. Kapil Bardhar.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

03/12/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur Mahanagar Second to

decide the original application No.274/2018 (345/2019)

expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur 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.

(2 of 2) [CW-12756/2021]

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, Jaipur Mahanagar Second to

decide the original application No.274/2018 (345/2019) preferably

within a period of one year.

(INDERJEET SINGH),J

MG/190

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