Rohit Kumar Lodha vs Vipin Mathur Son Of Late Shri Suraj ...
2021 Latest Caselaw 6108 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 12275/2021

 PETITIONERS:

 1.       Rohit Kumar Lodha, Son Of Late Seth Manmohan Mal Ji
          Lodha
 2.       Sethani Pushpa Kumari Lodha Wife Of Seth Manmohan
          Mal Ji Lodha, (Since Deceased) Through Her Lrs
 2/1.             Rohit Kumar Lodha Son Of Seth Manmohan Mal Ji
                  Lodha, (Son)
 2/2.             Smt. Vijay Kanwar Wife Of Hirendra Singh Baidya
                  And Daughter Of Seth Manmohan Mal Ji Lodha,
                  Through Her Power Of Attorney Rohit Kumar Lodha
                  Son Of Seth Manmohan Mal Ji Lodha
 2/3.             Smt.     Raj     Kumar       Bhandari        Wife   Of   Nirmal   Ji
                  Bhandari, And Daughter Of Seth Manmohan Mal Ji
                  Lodha (Daughter) Through Her Power Of Attorney
                  Rohit Kumar Lodha Son Of Seth Manmohan Mal Ji
                  Lodha,


                  All Residents Of House No. 10/75, Harbilas Sharda
                  Marg, Civil Lines, Ajmer
                                                                      ----Landlords
                                         Versus
 Vipin Mathur Son Of Late Shri Suraj Bihari Mathur, Resident Of
 House No. 10/76, Harbilash Sharda Marg, Civil Lines, Ajmer.
                                                                           ----Tenant


For Petitioner(s)              :    Mr. Alok Chaturvedi, Adv.
For Respondent(s)              :

HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/10/2021

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Ajmer to decide the Eviction

Petition No.109/2010 expeditiously.

(2 of 2) [CW-12275/2021]

Counsel for the petitioner submitted that the petitioner is a

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

Ajmer since 2012. 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, Ajmer to decide the Eviction

Petition No.109/2010 preferably within a period of one year.

(INDERJEET SINGH),J

JYOTI /195

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