Ashok Kumar Sharma Son Of Late ... vs Babulal Agarwal S/O Late Govind ...
2021 Latest Caselaw 3316 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 8012/2021

Ashok Kumar Sharma Son Of Late Nathmal Sharma, Aged About
52 Years, Resident Of Kundighar Bharoonji Ka Rasta, Third
Crossing, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.      Babulal Agarwal S/o Late Govind Narayan, R/o House No.
        3753, Kalo Ka Mohalla, Kundigarh Bhairuji Ka Rasta, Third
        Crossing, Johari Bazar, Jaipur. (Now Deceased)
2.      Sharvan Kumar Agarwal S/o Babulal Agarwal, R/o House
        No. 3753, Kalo Ka Mohalla, Kundigarh Bhairuji Ka Rasta,
        Third Crossing, Johari Bazar, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Sanjay Joshi.

For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

30/07/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur to decide eviction

application No. (44/2012) Old, New No.87/2015 expeditiously.

Counsel for the petitioner submitted that the case is pending

before the Rent Tribunal, Jaipur since 2012. 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.

It is informed by counsel for the petitioner that the matter is fixed

for final arguments.

In support of contentions, counsel relied upon the judgment

passed by the Hon'ble Supreme Court in the matter of Hameed

(2 of 2) [CW-8012/2021]

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 to decide the eviction

application No. (44/2012) Old, New No.87/2015 preferably within

a period of six months.

(INDERJEET SINGH),J

MG/145

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