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Pramod Kumar Jain S/O Late Bhagwan ... vs Bharat Agrawal
2021 Latest Caselaw 5941 Raj/2

Citation : 2021 Latest Caselaw 5941 Raj/2
Judgement Date : 26 October, 2021

Rajasthan High Court
Pramod Kumar Jain S/O Late Bhagwan ... vs Bharat Agrawal on 26 October, 2021
Bench: Inderjeet Singh
       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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