Citation : 2022 Latest Caselaw 7643 Raj/2
Judgement Date : 6 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18046/2022
Shri Premnarayan Mathur Son Of Late Shri Parbhu Narayan
Mathur, Aged About 55 Years, R/o House No. 2294, Jhalaniyo Ka
Rasta, Opposite Devdas Ki Bagichi Ki Gali, First Chouraha Of
Khajane Walo Ka Rasta, Chandpole Rasta, Jaipur, Presently
House No. 3-M.a Indra Gandhi Nagar, Jagatpura, Jaipur
(Rajasthan)
----Petitioner
Versus
Tarachand Saini, Proprietor, Bright Star Tailor, R/o House No.
2294, Jhalaniyo Ka Rasta, Opposite Devdas Ki Baghichi Ki Gali,
First Chouraha Of Khajane Walo Ka Rasta, Chandpole Rasta,
Jaipur, R/o Durga Niwas, Near Pooja Motors, Nadhi Ka Phatak,
Bainad Road, Jaipur.
----Respondent
For Petitioner(s) : Mr. Mohd. Adil For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
06/12/2022
The instant writ petition has been filed by the petitioner with
the prayer to direct the Rent Tribunal, Jaipur Metropolitan-II,
Jaipur to decide the eviction petition No.222/2021 expeditiously.
Counsel for the petitioner submitted that the application is
pending before the Rent Tribunal, Jaipur Metropolitan-II, Jaipur.
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-18046/2022]
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-II, Jaipur
to decide the eviction petition No.222/2021 preferably within a
period of one year.
(INDERJEET SINGH),J
AARZOO ARORA /140
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