Tarachand Tholia, H.U.F vs Arun Fatehpuria Son Of Late Shri ...
2021 Latest Caselaw 6282 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12680/2021

Tarachand Tholia, H.u.f., Through- Karta, Sharad Chand Tholia S/
o Late Shri Tarachand Tholia R/o Tholia House, Tholia Circle,
Mirza Ismile Road, Jaipur (Raj) (Karta- Hindu Undivided Family)
                                                                     ----Petitioner
                                     Versus
1.     Arun Fatehpuria Son Of Late Shri Shankar Lal Fatehpuria,
       Resident Of Tholia House, Tholia Circle, Mirza Ismile
       Road, Jaipur (Raj)
2.     Deepak       Fatehpuria       Son      Of     Late     Shri   Shankar   Lal
       Fatehpuria, Resident Of Tholia House, Tholia Circle, Mirza
       Ismile Road, Jaipur (Raj)
3.     The Rent Tribunal, Jaipur Metropolitan, Jaipur
                                                                  ----Respondents

For Petitioner(s) : Mr. Alisha Chopra for Ms. Suruchi Kasliwal.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

09/11/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur Metropolitan to

decide the original application No.580/2013 expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur Metropolitan since 2013.

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-12680/2021]

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 Metropolitan to decide

the original application No.580/2013 preferably within a period of

six months.

(INDERJEET SINGH),J

MG/168

Powered by TCPDF (www.tcpdf.org)