Citation : 2022 Latest Caselaw 7671 Raj/2
Judgement Date : 7 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18143/2022
Ratanlal Agarwal S/o Late Shri Madanlal Agarwal, Aged About 71
Years, R/o Nindad Rao Ji Ka Rasta, Chokri Topkhana Desh, Jaipur
----Petitioner
Versus
1. Smt Nirmala Gupta W/o Late Shri Ashok Kumar Gupta,
C/o A.p. Shoes Company, Shop No.86, Chandpol Bazar,
Jaipur
2. Shri Sourabh Gupta S/o Shri Ashok Gupta, R/o Kha-129,
Bhwani Nagar, Sikar Road, Jaipur
3. Shri Gaurav Gupta S/o Late Shri Ashok Kumar Gupta, C/o
A.p. Shoes Company, Shop No.86, Chandpol Bazar, Jaipur
----Respondents
For Petitioner(s) : Mr. Behari Lal Agarwal For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
07/12/2022
The instant writ petition has been filed by the petitioner with
the prayer to direct the learned Rent Tribunal No.2, Additional
Senior Civil Judge & Additional Chief Metropolitan Magistrate No.5,
Jaipur Metropolitan-First, Jaipur to decide the eviction petition
No.319/2018 (397/2019) expeditiously.
Counsel for the petitioner submitted that the eviction petition
is pending before learned Rent Tribunal No.2, Additional Senior
Civil Judge & Additional Chief Metropolitan Magistrate No.5, Jaipur
Metropolitan-First, Jaipur and the same may be directed to decide
expeditiously.
(2 of 2) [CW-18143/2022]
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 learned Rent Tribunal No.2, Additional Senior
Civil Judge & Additional Chief Metropolitan Magistrate No.5, Jaipur
Metropolitan-First, Jaipur to decide the eviction petition
No.319/2018 (397/2019) preferably within a period of one year.
(INDERJEET SINGH),J
Upendra Pratap Singh /183
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