M/S. Kevalchandbhanwarlal ... vs Rational Handloom Corporation ...
2021 Latest Caselaw 3059 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6452/2020

M/s. Kevalchandbhanwarlal Surana, A Partnership Firm Having Its Office At 172, Ummaid Bhawan Road, Opp. Circuit House, Jodhpur Through Its Partners- 1. Prakashchand Surana S/o Bhanwarlal Surana Age 70 Years 2. Abhishek Surana S/o Prkash Chand Surana Age 46 Years 3. Gaurav Surana S/o Prakash Chand Surana Age 40 Years All Residents Of Samruddh Aishwarya, Office No. B-103, Lokhandwala Complex, Opp. Highland Park, Andheri (West), Mumbai- 400053.

----Petitioner Versus Rational Handloom Corporation Private Limited, Through Its Director Sh. Lalit Mehta, S/o Late Sh. Chandan Mehta, Having Its Administrative Office At 66-67, Heavy Industrial Area, Jodhpur. Second Address - Rational Handloom Corporation Private Limited Having Its Office At Pratap Nagar, Jodhpur Third Address- Rational Handloom Corporation Private Limited, Behind Gns Playground, Cg Road, Law Garden, Ahmedabad. Fourt Address- Rational Handloom Corporation Private Limited, 132 Feet Ring Road, New Wadaj, Ahmedabad.

                                                                ----Respondent


For Petitioner(s)        :     Mr. OM Mehta
For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

04/02/2021

Heard learned counsel for the petitioner.

The instant writ petition has been filed by the petitioners

with the prayer to direct the rent Tribunal, Jodhpur Metropolitan

(hereinafter referred to as 'Rent Tribunal, Jodhpur) to decide the

application No. 99/2016 expeditiously.

(2 of 2) [CW-6452/2020]

Counsel for the petitioners submitted that the application is

pending before the learned Rent Tribunal, Jodhpur since the year

2016. Counsel further submits that according to scheme of Rent

Control Act, 2001, the eviction app0licaiton has to be decided

withih a period of 240 days.

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 621, 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, Johdpur Metorpolitan to decide the

eviction Petition No. 99/2016 preferably within the period of six

months in view of the judgment passed by the Hon'ble Supreme

Court in the aforesaid matter.

(INDERJEET SINGH),J

ns. 14-1/-

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