Smt. Seema Garg W/O Shri Vijay Garg vs Shageer Mohammad S/O Late Shri ...
2021 Latest Caselaw 6423 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 12984/2021

Smt. Seema Garg W/o Shri Vijay Garg, Aged About 50 Years,
R/o Plot No. A-30-C, Soniyon Ka Bagh, Kheda Mahapura, Sikar
Road, Jaipur (Raj.)
                                                                    ----Petitioner
                                     Versus
Shageer Mohammad S/o Late Shri Shafi Mohammad, R/o Plot
No. 563, Gangori Bazar, Chini Ki Burj, Nadaro Ki Masjid, Jaipur.
                                                                  ----Respondent

For Petitioner(s) : Mr. Shashi Bhushan Gupta, Adv.

For Respondent(s)          :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                      Order

12/11/2021

The instant writ petition has been filed by the petitioners

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

Jaipur to decide the eviction petition bearing No.919/2015

expeditiously.

Counsel for the petitioners submitted that the eviction

petition is pending before the Rent Tribunal, Jaipur Metropolitan-

II, 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.

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:-

(2 of 2) [CW-12984/2021]

"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, Jaipur

to decide the eviction petition bearing No.919/2015 preferably

within a period of one year.

(INDERJEET SINGH),J

JYOTI /219

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