Citation : 2021 Latest Caselaw 6610 Raj/2
Judgement Date : 17 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11087/2021
Smt. Ishwari Devi Gangwani Wife Of Late Sh. Jhamandas
Gangwani, Aged About 75 Years, Resident Of 570, Sindhi Colony,
Rajapark, Jaipur Through Her Power Of Attorney Holder Narayan
Das Gangwani.
----Petitioner
Versus
Anudeep Thukral Son Of Late Sh. Dharampal Thukral, Resident
29, Keshav Nagar, Civil Lines, Jaipur.
----Respondent
For Petitioner(s) : Mr. Abhi Goyal, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
17/11/2021
The instant writ petition has been filed by the petitioner with
the prayer to direct the Rent Tribunal, Jaipur Metropolitan-II,
Jaipur to decide the Eviction Application No.198/2018
expeditiously.
Counsel for the petitioner submitted that the eviction
application is pending before the Rent Tribunal, Jaipur
Metropolitan-II, Jaipur since 2018. Counsel further submits that
according to the scheme of Rent Control Act, 2001, the eviction
application 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-11087/2021]
"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 Application No.198/2018 preferably within a
period of one year.
(INDERJEET SINGH),J
JYOTI /139
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