Smt Kamla Wife Of Shri Rajkumar ... vs Smt Chanchal Rana Wife Of Shri ...
2021 Latest Caselaw 6863 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12862/2021

Smt Kamla Wife Of Shri Rajkumar Bachwani, Resident Of 628,
Sindhi Colony, Rajapark, Jaipur.
                                                                     ----Petitioner
                                   Versus
Smt Chanchal Rana Wife Of Shri Naresh Kumar Rana, Resident
Of 2/492, Jawahar Nagar, Jaipur Shopkeeper At House No. 628,
Sindhi Colony, Rajapark, Jaipur.
                                                                   ----Respondent

For Petitioner(s) : Mr. O.P. Mishra, Adv. with Mr. Ajay Verma, Adv.

For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

24/11/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal Jaipur (Additional Senior

Civil Judge and Additional Chief Metropolitan Magistrate, Jaipur

Metropolitan, Jaipur) to decide the Eviction Petition No.307/2017

(562/2016 old) expeditiously.

Counsel for the petitioner submitted that the eviction petition

is pending before the Rent Tribunal Jaipur (Additional Senior Civil

Judge and Additional Chief Metropolitan Magistrate, Jaipur

Metropolitan, Jaipur) since 2017. 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

(2 of 2) [CW-12862/2021]

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 (Additional Senior Civil

Judge and Additional Chief Metropolitan Magistrate, Jaipur

Metropolitan, Jaipur) to decide the Eviction Petition No.307/2017

(562/2016 old) preferably within a period of six months.

(INDERJEET SINGH),J

JYOTI /148

Powered by TCPDF (www.tcpdf.org)