Shrimati Sethani Gangabai Trust vs Prithviraj Agarwal Son Of Late ...
2021 Latest Caselaw 7051 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4886/2020
Shrimati Sethani Gangabai Trust, Beawar, Situated At Damodar
Das Rathi Marg, Chang Chitar Road, Beawar, Rajasthan Through
Its Managing Trustee, Shri Vishnu Kumar Rathi.
                                                                   ----Petitioner
                                   Versus
1            Prithviraj Agarwal Son Of Late Ratan Lal Agarwal,
             Shop No. 3, Near M/s Kishore Gibson Medicals,
             Chikitsalaya Bhawan (At Present Rathi Hospital),
             Pipliya Bazar, Shanti Jain School Marg, Beawar
             District Ajmer Rajasthan (Deceased During Trial)
             Through Legal Heirs -
1/1          Pushpa Devi Wife Of Prithviraj Agarwal, Resident Of
             Gas Repairing And Pisai Kendra, Sanatan School
             Marg, Beawar.
1/2          Deepak Son Of Prithviraj Agarwal, Resident Of Gas
             Repairing And Pisai Kendra, Sanatan School Marg,
             Beawar.
1/3          Meenakshi Daughter Of Prithviraj Agarwal Wife Of Jai
             Agarwal, Resident Of Gas Repairing And Pisai Kendra,
             Sanatan School Marg, Beawar.
                                                                ----Respondents

For Petitioner(s) : Mr. Rajat Ranjan, Adv.

For Respondent(s)        :



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

30/11/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Beawar, District Ajmer to

decide the Eviction Petition No.24/2017 expeditiously.

Counsel for the petitioner submitted that the eviction petition

is pending before the Rent Tribunal, Beawar, District Ajmer since

(2 of 2) [CW-4886/2020]

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

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, Beawar, District Ajmer to

decide the Eviction Petition No.24/2017 preferably within a period

of one year.

(INDERJEET SINGH),J

JYOTI /57

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