Smt. Sufiya W/O Late Kamruddin ... vs Mohammad Hussain S/O Mohammad ...
2021 Latest Caselaw 6285 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 11955/2021

1.        Smt. Sufiya W/o Late Kamruddin Khan, Aged About 56
          Years, Resident Of House Number 3211, Moti Katla Bazar,
          Pannigaran Ka Rasta, Chokri Ramchandra Ji, Subhash
          Chowk, Jaipur.
2.        Hasan Mohammad S/o Late Kamruddin Khan, Aged About
          38 Years, Resident Of House Number 3211, Moti Katla
          Bazar, Pannigaran Ka Rasta, Chokri Ramchandra Ji,
          Subhash Chowk, Jaipur.
3.        Hussain Mohammad S/o Late Kamruddin Khan, Aged
          About 38 Years, Resident Of House Number 3211, Moti
          Katla Bazar, Pannigaran Ka Rasta, Chokri Ramchandra Ji,
          Subhash Chowk, Jaipur.
                                                                  ----Petitioners
                                    Versus
Mohammad Hussain S/o Mohammad Idris, Aged About 56 Years,
Resident Of Bakery King, Near Luxmi Sweets, Subhsah Chowk,
Jaipur.
                                                                 ----Respondent

For Petitioner(s) : Mr. Mohammed Anees.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

09/11/2021

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal, Jaipur Metropolitan-II

to decide the eviction petition No.200/2020 expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur Metropolitan-II since

2020. Counsel further submits that according to the scheme of

(2 of 2) [CW-11955/2021]

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:-

"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-II to

decide the eviction petition No.200/2020 preferably within a

period of one year.

(INDERJEET SINGH),J

MG/157

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