Banti Uthwal Son Of Late Shri ... vs Shri Chandan Vadhvani S/O Late ...
2022 Latest Caselaw 1668 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 980/2022

1.     Banti Uthwal Son Of Late Shri Shrichand, Aged About 33
       Years,       Resident       Of        Property       No.          20/29,    New
       Cavendaspura, Madar Gate, Ajmer Presently Residing At
       Railway Quarters, Ram Gunj, Ajmer.
2.     Rahul Uthwal Son Of Late Shri Shrichand, Aged About 31
       Years,       Resident       Of        Property       No.          20/29,    New
       Cavendaspura, Madar Gate, Ajmer Presently Residing At
       Railway Quarters, Ram Gunj, Ajmer.
3.     Smt. Anita Wife Of Shri Rajendra And D/o Late Shri
       Shrichand,       Resident        Of     Property           No.     20/29,   New
       Cavendaspura, Madar Gate, Ajmer Presently Residing At
       Railway Quarters, Ram Gunj, Ajmer.
                                                                         ----Petitioners
                                     Versus
1.     Shri Chandan Vadhvani S/o Late Shrilal Vadhvani, Aged
       About 25 Years, M/s Lal Crockry House, Plaza Cinema
       Road, Shri Sain Palace Market, Diggi Chowk, Ajmer.
2.     Shri Ghanshyam Vadhvani S/o Late Shri Kishan Vadhvani,
       Aged     About        55      Years,       M/s       Lal         Crockry,   New
       Cavendaspura, Madar Gate, Ajmer.
                                                                    ----Respondents

For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

22/02/2022

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal, Ajmer to decide the

Rent Application No.150/2014 (950/2015)expeditiously.

Counsel for the petitioners submitted that the eviction

application is pending before the Rent Tribunal, Ajmer since 2014.

(2 of 2) [CW-980/2022]

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:-

"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, Ajmer to decide the Rent

Application No.150/2014 (950/2015) preferably within a period of

one year.

(INDERJEET SINGH),J

JYOTI /177

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