Citation : 2021 Latest Caselaw 6393 Raj/2
Judgement Date : 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12334/2021
1. Shrimati Soni Devi W/o Late Shri Ganesh Mehra, Aged
About 75 Years, Resident Of Plot No.22 ,mehra Basti,
Karbala Chouraha, Ramgad Mod, Jaipur Nagar.
2. Omprakasah S/o Late Shri Ganesh Mehra, Aged About 37
Years, Resident Of Plot No.22 ,mehra Basti, Karbala
Chouraha, Ramgad Mod, Jaipur Nagar.
3. Lakhan Mehra S/o Late Shri Ganesh Mehra, Aged About
32 Years, Resident Of Plot No.22 ,mehra Basti, Karbala
Chouraha, Ramgad Mod, Jaipur Nagar.
----Petitioners
Versus
Deepchand Mehra S/o Pamaram Mehra, Aged About 49 Years,
Owner Kushal Tailors Resident Of Mehra Basti, Plot No.22,
Karbala Chouraha , Ramgad Mod, Jaipur
----Respondent
For Petitioner(s) : Mr. Gaurav Sharma.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
11/11/2021
The instant writ petition has been filed by the petitioners
with the prayer to direct the Rent Tribunal, Jaipur Metropolitan-2 nd
Jaipur to decide the original application No.831/2015 (495/2010)
expeditiously.
Counsel for the petitioners submitted that the petition is
pending before the Rent Tribunal, Jaipur Metropolitan-2 nd Jaipur
since 2015. 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-12334/2021]
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-2 nd Jaipur
to decide the original application No.831/2015 (495/2010)
preferably within a period of one year.
(INDERJEET SINGH),J
MG/55
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