Shri Nand Kumar Rai S/O Late Shri ... vs Atul Kumar Son Of Shri Chauthmal ...
2021 Latest Caselaw 6086 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12243/2021

1.     Shri Nand Kumar Rai S/o Late Shri Chandrapati Rai, R/o
       Plot Number-99, Kanti Nagar, Opposite Polo-Victory,
       Jaipur (Died During The Pendency Of The Original
       Application)
1/1.   Smt Neelam Rai W/o Late Shri Nand Kumar Rai, Resident
       Of Plot Number 99, Kanti Nagar, Opposite Polo-Victory,
       Jaipur.
1/2.   Chandra Prakash Rai S/o Of Late Shri Nand Kumar Rai,
       Resident Of Plot Number 99, Kanti Nagar, Opposite Polo-
       Victory, Jaipur.
1/3.   Surya Prakash Rai S/o Late Shri Nand Kumar Rai,
       Resident Of Plot Number 99, Kanti Nagar, Opposite Polo-
       Victory, Jaipur.
1/4.   Tara Prakash Rai S/o Late Shri Nand Kumar Rai, Resident
       Of Plot Number 99, Kanti Nagar, Opposite Polo-Victory,
       Jaipur.
1/5.   Satya Prakash Rai S/o Late Shri Nand Kumar Rai,
       Resident Of Plot Number 99, Kanti Nagar, Opposite Polo-
       Victory, Jaipur.
1/6.   Ravi Prakash Rai S/o Late Shri Nand Kumar Rai, Resident
       Of Plot Number 99, Kanti Nagar, Opposite Polo-Victory,
       Jaipur.
1/7.   Rani Rai D/o Late Shri Nand Prakash Rai, Resident Of Plot
       Number 99, Kanti Nagar, Opposite Polo-Victory, Jaipur.
                                                                  ----Petitioners
                                   Versus
1.     Atul Kumar Son Of Shri Chauthmal Gupta, Tenant Of Plot
       No. 99, Kanti Nagar, Opposite Polo-Victory (Jaipur)
2.     Amit Kumar Son Of Shri Chauthmal Gupta, Tenant Of Plot
       No. 99, Kanti Nagar, Opposite Polo-Victory (Jaipur)
                                                                ----Respondents

For Petitioner(s)        :     Mr. M.C. Jain.
For Respondent(s)        :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

28/10/2021

(2 of 2) [CW-12243/2021]

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal, Jaipur Metro 2 nd to

decide the case bearing No.129/2013 expeditiously.

Counsel for the petitioners submitted that the petition is

pending before the Rent Tribunal, Jaipur Metro 2 nd since 2013.

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 Metro 2 nd to decide the

case bearing No.129/2013 preferably within a period of one year.

(INDERJEET SINGH),J

MG/192

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