Gokul Das Kotawala H.U.F vs Rajasthan Khadi Sangh
2022 Latest Caselaw 1527 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 756/2022

Gokul Das Kotawala H.u.f, Through Karta Purshottam Kotawala
R/o 13-14, Bardiya Colony, Museum Road, Moti Dungari Road,
Jaipur.
                                                                   ----Petitioner
                                    Versus
Rajasthan Khadi Sangh, Khadi Bhandar, Shop No. 109, Johari
Bazar, Jaipur Through Manager.
                                                                 ----Respondent

For Petitioner(s) : Mr. Amit Gupta, Adv. on behalf of Mr. Bihari Lal Agarwal, Adv.

For Respondent(s)         :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

14/02/2022

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur Metropolitan Second,

Jaipur to decide the Eviction Petition No.494/2010 (703/2015)

expeditiously.

Counsel for the petitioner submitted that the eviction petition

is pending before the Rent Tribunal, Jaipur Metropolitan Second,

Jaipur since 2010. 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-756/2022]

"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 Second,

Jaipur to decide the Eviction Petition No.494/2010 (703/2015)

preferably within a period of one year.

(INDERJEET SINGH),J

Jyoti/123

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