Tikamchand Aswani S/O Chelaram ... vs Bhawandas S/O Aasan Das
2021 Latest Caselaw 6918 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 8208/2019

Tikamchand Aswani S/o Chelaram Aswani, Aged About 65 Years,
Caste Sindhi, R/o 6-K-25, Jawahar Nagar, Jaipur Presently
Residing At Plot No. 64, Shiv Shakti Nagar (B), Model Town,
Jagatpura, Jaipur (Raj.)
                                                                  ----Petitioner
                                   Versus
Bhawandas S/o Aasan Das, Caste Sindhi, R/o 6-K-25, Jawahar
Nagar, Jaipur
                                                                ----Respondent

For Petitioner(s) : Mr. Rajat Ranjan.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

25/11/2021

Application for early listing is allowed.

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur to decide the eviction

petition No.199/2012 expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur since 2012. 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-8208/2019]

"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 to decide the eviction

petition No.199/2012 preferably within a period of six months.

(INDERJEET SINGH),J

MG/23

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