Smt Sushama Jain Wife Of Shri ... vs Smt Rekha Sain Wife Of Shri Suraj ...
2021 Latest Caselaw 6611 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 5515/2021

Smt Sushama Jain Wife Of Shri Babulal Jain, Aged About 66
Years, Resident Of House No. 5/339-A, Malviya Nagar, Jaipur
(Rajasthan)
                                                                  ----Petitioner
                                   Versus
Smt Rekha Sain Wife Of Shri Suraj Kumar Sain, Resident Of 20-
30 Siddharth Shopping Center E-Block, Malviya Nagar, Jaipur At
A Present Resident Of Galaxy Saloon And Spa, House No. 5-339,
Girdhar Marg, Malviya Nagar, Jaipur (Raj.)
                                                                ----Respondent

For Petitioner(s) : Mr. M.C. Jain, 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 Metro-II, to decide

the Civil Suit No.48/2018 expeditiously.

Counsel for the petitioner submitted that the civil suit is

pending before the Rent Tribunal, Jaipur Metro-II since 2018.

Counsel further submits that according to the scheme of Rent

Control Act, 2001, the civil suit 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-5515/2021]

"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 Metro-II to decide the

Civil Suit No.48/2018 preferably within a period of one year.

(INDERJEET SINGH),J

JYOTI /138

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