Shri Kailash Prasad S/O Late Shri ... vs Ramjilal Alias Ramu S/O Late Shri ...
2021 Latest Caselaw 6449 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12980/2021

Shri Kailash Prasad S/o Late Shri Laduram Khandelwal, Aged
About 64 Years, R/o H. No. 1372/32, Alwar Gate Chauraha
Ajmer
                                                                    ----Petitioner
                                    Versus
1.      Ramjilal Alias Ramu S/o Late Shri Bhanwarlal Marothiya,
        R/o H No. 480/10, New Chandra Nagar, Ganesh Ganj,
        Beawer Road, Ajmer Shop Address No. 1379/32, Alwar
        Gate Ajmer
2.      Shri Babulal Marothiya S/o Late Bhanwarlal Marothiaya,
        R/o House No. 480/10, New Chandra Nagar, Ganesh Ganj
        Beawer Road, Ajmer
3.      Shri Shiv Kumar Marothiya S/o Late Shri Bhanwarlal
        Marothiya, R/o House No. 480/10, New Chandra Nagar,
        Ganesh Ganj Beawer Road, Ajmer
4.      Shri Rajendra Kumar S/o Late Shri Bhanwarlal Marothiya,
        R/o House No. 480/10, New Chandra Nagar, Ganesh Ganj
        Beawer Road, Ajmer
5.      Shri Sukhdev S/o Late Shri Bhanwarlal Morathiya, R/o
        House No. 480/10, New Chandra Nagar, Ganesh Ganj
        Beawer Road, Ajmer
6.      Smt. Tara W/o Shri Madanlal D/o Late Shri Bhanwarlal
        Marothiya, R/o House No. 480/10, New Chandra Nagar,
        Ganesh Ganj Beawer Road, Ajmer
                                                                 ----Respondents

For Petitioner(s) : Mr. Rahul Agarwal.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

15/11/2021

(2 of 2) [CW-12980/2021]

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Ajmer to decide the

application No.12/2018 expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Ajmer since 2018. 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:-

"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, Ajmer to decide the

application No.12/2018 preferably within a period of one year.

(INDERJEET SINGH),J

MG/190

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