Hari Shankar Taluka S/O Late Shri ... vs Ashok Kumar Agarwal S/O Shri ...
2021 Latest Caselaw 6022 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 9487/2021

1.     Hari Shankar Taluka S/o Late Shri Mohanlal Ji, Aged
       About 70 Years, R/o Taluka Sadan, D-278, Meera Marg,
       Banipark, Jaipur, District- Jaipur, Rajasthan.
2.     Smt. Vandana Taluka W/o Shri Narendra Taluka, Aged
       About 35 Years, R/o Taluka Sadan, D-278, Meera Marg,
       Banipark, Jaipur, District - Jaipur, Rajasthan.
3.     Smt. Ritu Taluka W/o Shri Virendra Taluka, Aged About 37
       Years, R/o Taluka Sadan, D-278, Meera Marg, Banipark,
       Jaipur, District- Jaipur, Rajasthan.
                                                                  ----Petitioners
                                   Versus
1.     Ashok    Kumar        Agarwal      S/o      Shri     Ramnath    Agarwal,
       Showroom Number 3, Jayanti Market, Jaipur (Rajasthan),
       R/o Plot Number 5-Ch-6, Jawahar Nagar, Jaipur.
2.     Smt. Kanchan Agarwal W/o Ashok Kumar Agarwal, Aged
       About 62 Years, Showroom Number 3, Jayanti Market,
       Jaipur (Rajasthan), R/o Plot Number 5-Ch-6, Jawahar
       Nagar, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Farooq Ahmed, Adv.

For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

27/10/2021

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal, Jaipur Metropolitan-

2nd Jaipur to decide the Rent Original Petition No.523/2017

(242/2019) expeditiously.

Counsel for the petitioners submitted that the petition is

pending before the Rent Tribunal, Jaipur Metropolitan-2nd Jaipur

(2 of 2) [CW-9487/2021]

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:-

"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-2nd

Jaipur to decide the Rent Original Petition No.523/2017

(242/2019) preferably within a period of one year.

(INDERJEET SINGH),J

JYOTI /207

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