Mohd Ibrahim S/O Ahmed Baksh vs Afzal Qureshi (Dead) S/O Ahmed ...
2022 Latest Caselaw 1637 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 504/2022

1.       Mohd Ibrahim S/o Ahmed Baksh, Aged About 92 Years,
         R/o House No. 4769, Sadak Ghora Nikas, Moti Katla, Near
         Char Darwaza, Chokri Ramchandraji, Jaipur.
2.       Mohd Shareef S/o Mohd Ibrahim, Aged About 66 Years,
         R/o House No. 4769, Sadak Ghora Nikas, Moti Katla, Near
         Char Darwaza, Chokri Ramchandraji, Jaipur.
                                                                     ----Petitioners
                                      Versus
1.       Afzal Qureshi (Dead) S/o Ahmed Hussain Agra Wale, R/o
         House No. 4769, (Tenant) Sadak Ghora Nikas, Moti Katla,
         Near Char Darwaza, Chokri Ramchandraji, Jaipur.
1/1.     Ansar S/o Afzal Qureshi, Shop Near Char Darwaza, Sadak
         Ghora Nikas, Moti Katla, Chokri Ramchandraji, Jaipur.
                                                                   ----Respondents

For Petitioner(s) : Mr. Zeeshan Khan.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

21/02/2022

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal, Jaipur Metro-II to

decide the eviction petition No.500/2015 (426/2008)

expeditiously.

Counsel for the petitioners submitted that the petition is

pending before the Rent Tribunal, Jaipur Metro-II since 2008.

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-504/2022]

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 Metro-II to decide the

eviction petition No.500/2015(426/2008) preferably within a

period of one year.

(INDERJEET SINGH),J

MG/123

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