Smt Divya Jain W/O Late Sh. Deepak ... vs Shri Yogesh Agarwal S/O Late Sh. ...
2021 Latest Caselaw 6028 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10623/2021

Smt Divya Jain W/o Late Sh. Deepak Kumar Jain, Aged About 45
Years, R/o Plot No. 4, Scheme No. 10, Vijay Mandir Road, Tehsil
And District Alwar, Rajasthan.
                                                                  ----Petitioner
                                   Versus
Shri Yogesh Agarwal S/o Late Sh. Kashi Prasad Agarwal, R/o
298, Scheme No. 1, Alwar Pro, M/s Kanishka Mobiles, Plot No. 3,
Near Jodhpur Misthan Bhandar, Jai Complex, Alar, Rajasthan.
                                                                ----Respondent

For Petitioner(s) : Mr. Ajay Goyal, Adv.

For Respondent(s)        :



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

27/10/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Alwar to decide the

application No.34/51/2017 expeditiously.

Counsel for the petitioner submitted that 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.

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-10623/2021]

"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, Alwar to decide the

Application No.34/51/2017 preferably within a period of one year.

(INDERJEET SINGH),J

JYOTI /217

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