Farook Ahmad Son Of Shri Abdul ... vs Gajendra Lunkad Son Of Banshilal
2021 Latest Caselaw 7060 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12893/2021

Farook Ahmad Son Of Shri Abdul Hameed, Aged About 54 Years,
R/o 26, Shopping Centre, Kota 324005
                                                                  ----Petitioner
                                   Versus
Gajendra Lunkad Son Of Banshilal, R/o C/o Shri Nath Hardware,
House No. 107, Furniture Market, Shopping Centre, Jaipur.
                                                                ----Respondent

For Petitioner(s) : Mr. D.N. Sharma, 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, Kota to decide the Original

Application (Suit) No.183/2011 expeditiously.

Counsel for the petitioner submitted that the eviction petition

is pending before the Rent Tribunal, Kota since 2011. 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

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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, Kota to decide the Original

Application (Suit) No.183/2011 preferably within a period of one

year.

(INDERJEET SINGH),J

JYOTI /148

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