Shri Kailash Chand S/O Sh. ... vs Shri Shivkumar @ Shibbu Halwai S/O ...
2021 Latest Caselaw 5943 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4571/2021

Shri Kailash Chand S/o Sh. Ramchran Agarwal, Aged About 53
Years, R/o Makaan No. 31, Panchwati, Scheme No. 7, Alwar
Tehsil And District Alwar, Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.     Shri Shivkumar @ Shibbu Halwai S/o Sh. Leelaram, Aged
       About 68 Years, R/o Near Company Bagh Gate, Mohalla
       Marethiya Bass, Tehsil And District Alwar, At Present Shop
       Keeper Shibhu Halwai Ki Dukan, Kedalganj, Near Police
       Chowki, Mohalla Sheopura, Alwar, Tehsil And District
       Alwar. (Rajasthan)
2.     Shri Gopal S/o Sh. Leelaram, R/o Near Company Bagh
       Gate, Mohalla Marethiya Bass, Tehsil And District Alwar, At
       Present Shop Keeper Shibhu Halwai Ki Dukan, Kedalganj,
       Near Police Chowki, Mohalla Sheopura, Alwar, Tehsil And
       District Alwar. (Rajasthan)
                                                                ----Respondents

For Petitioner(s) : Mr. Ajay Goyal, 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, Alwar to decide the

Application No.34/66/2017 expeditiously.

Counsel for the petitioner submitted that the petitioner is a

senior citizen and the petition is pending before the Rent Tribunal,

Alwar 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.

(2 of 2) [CW-4571/2021]

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, Alwar to decide the

Application No.34/66/2017 preferably within a period of one year.

(INDERJEET SINGH),J

JYOTI /280

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