Nupoor Rathore D/O Late Shri ... vs Suresh Batwada, S.K. Batwada And ...
2022 Latest Caselaw 1718 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1861/2022

1.     Nupoor Rathore D/o Late Shri Lokesh Rathore, Aged
       About 32 Years, Resident Of Plot No. 4, Kalyan Path,
       Police Memorial Near Teen Murti Circle, Jaipur, At Present
       Resident At B-804, Balaji Tower, 9 Majestic Heights,
       Central Spine, Jagatpura, Jaipur (Rajasthan)
2.     Kalpana Rathore W/o Late Shri Lokesh Rathore, Aged
       About 56 Years, Resident Of Plot No. 4, Kalyan Path,
       Police Memorial Near Teen Murti Circle, Jaipur, At Present
       Resident At B-804, Balaji Tower, 9 Majestic Heights,
       Central Spine, Jagatpura, Jaipur (Rajasthan)
                                                                 ----Petitioners
                                   Versus
Suresh Batwada, S.k. Batwada And Company, Police Station Moti
Doongri, Occupational Address - 4, Kalyan Path, Police Memorial,
Trimurti Circle, Jaipur. Second Address - Suresh Batwada S/o
Late Shri Giriraj Batwada, R/o House No. B-6, Janta Colony,
Adarsh Nagar, Jaipur (Rajasthan)
                                                                ----Respondent

For Petitioner(s) : Mr. Narendra Mewara.

For Respondent(s)        :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

23/02/2022

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal No.2 (Additional Senior

Civil Judge & Additional Chief Metropolitan Magistrate No.5),

Jaipur Metropolitan-I to decide the original application No.03/2021

(17/2021) expeditiously.

Counsel for the petitioners submitted that the petition is

pending before the Rent Tribunal No.2 (Additional Senior Civil

(2 of 2) [CW-1861/2022]

Judge & Additional Chief Metropolitan Magistrate No.5), Jaipur

Metropolitan-I, since 2021. 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 No.2 (Additional Senior Civil

Judge & Additional Chief Metropolitan Magistrate No.5), Jaipur

Metropolitan-I to decide the original application No.03/2021

(17/2021) preferably within a period of one year.

(INDERJEET SINGH),J

MG/84

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