Shri Nirmal Kumar Kothari S/O Lt. ... vs Shri Nisar Mohammad S/O Shri ...
2021 Latest Caselaw 6985 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13648/2021

1.     Shri Nirmal Kumar Kothari S/o Lt. Shri Nathrajji Kothari,
       R/o    302-A/6,         Nakoda         Colony,        Panchauli   Square,
       Ramnagar, Pushkar Road, Ajmer.
2.     Smt. Ritu Jain Kothari W/o Nirmal Kumar Kothari, R/o
       302-A/6, Nakoda Colony, Panchauli Square, Ramnagar,
       Pushkar Road, Ajmer.
                                                                   ----Petitioners
                                     Versus
Shri Nisar Mohammad S/o Shri Ramzani, Shop No. 11, Behind
Khailand Market, Khailand Market Yojna, Ajmer.
                                                                  ----Respondent

For Petitioner(s) : Mr. Rahul Patni, Adv.

For Respondent(s)          :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                      Order

29/11/2021

The instant writ petition has been filed by the petitioners

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

Original Application No.50/2020 (CIS No.78/2020) expeditiously.

Counsel for the petitioners submitted that the eviction

petition is pending before the Rent Tribunal, Ajmer since 2020.

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-13648/2021]

"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, Ajmer to decide the Original

Application No.50/2020 (CIS No.78/2020) preferably within a

period of one year.

(INDERJEET SINGH),J

JYOTI /138

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