Citation : 2021 Latest Caselaw 5941 Raj/2
Judgement Date : 26 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12053/2021
Pramod Kumar Jain S/o Late Bhagwan Das Ji Jain, Aged About
48 Years, Resident Of 2102 Palliwal House, Chaksu Ka Chowk,
Ghee Walo Ka Rasta, Johari Bajar, Jaipur.
----Petitioner
Versus
1. Bharat Agrawal, S/o Shri Harinarayan Agrawal
2. Shyama Goyal W/o Shri Nand Lal Agrawal, (Since
Deceased) Resident Of Plot No. B-25 Janta Colony Jaipur.
----Respondents
For Petitioner(s) : Mr. Gaurav Jain, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
26/10/2021
The instant writ petition has been filed by the petitioner with
the prayer to direct the Rent Tribunal, Jaipur Metropolitan-II,
Jaipur to decide the Eviction Petition No.172/2017 expeditiously.
Counsel for the petitioner submitted that the petitioner is a
senior citizen and the petition is pending before the Rent Tribunal,
Jaipur Metropolitan-II, 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
Kunju vs. Nazimin, reported in (2017) 8 Supreme Court Cases
611, wherein it has been held as under:-
(2 of 2) [CW-12053/2021]
"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, Jaipur Metropolitan-II, Jaipur
to decide the Eviction Petition No.172/2017 preferably within a
period of one year.
(INDERJEET SINGH),J
JYOTI /233
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