Smt. Monika Sharma W/O Madhusudan ... vs Monika Choudhary D/O Om Prakash ...
2022 Latest Caselaw 1550 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 2551/2022

Smt. Monika Sharma W/o Madhusudan Sharma, Aged About 36
Years, R/o Plot No. 48 Shalimar Baag, Chitrakoot Marg, Ajmer
Road Jaipur Through Its Power Of Attorney Holder Madhusudan
Sharma S/o Shri Vishambhar Lal Sharma Age 42 Years R/o Plot
No. 48 Shalimar Baag, Chitrakoot Marg, Ajmer Road, Jaipur.
                                                                  ----Petitioner
                                   Versus
Monika Choudhary D/o Om Prakash Shivran, R/o Near Basera
Hotel, N.h.11, Laxmangarh Sikar At Present R/o Pent House, Plot
No. 5, North Part Third Floor, Wake Baba Enclave Housing
Scheme, Muktanand Nagar, Gopalpura Road, Jaipur.
                                                                ----Respondent

For Petitioner(s) : Mr. Manoj Dixit, Adv.

For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

15/02/2022

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur Metrocity, Jaipur to

decide the Eviction Application No.317/2016 expeditiously.

Counsel for the petitioner submitted that the suit (eviction

application) is pending before the Rent Tribunal, Jaipur Metrocity,

Jaipur since 2016. Counsel further submits that according to the

scheme of Rent Control Act, 2001, the suit 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

(2 of 2) [CW-2551/2022]

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 Metrocity, Jaipur to

decide the Eviction Application No.317/2016 preferably within a

period of one year.

(INDERJEET SINGH),J

JYOTI /110

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