Abhishek Mittal Son Of Sh. Mukut ... vs Sh. Mahendra Mittal Son Of Sh. ...
2022 Latest Caselaw 1719 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 14093/2021

Abhishek Mittal Son Of Sh. Mukut Ghanshyam Ji Mittal, Resident
Of 557, Chhawani Main Road, Kota Legal Heir And Legal
Representative Late Smt. Sheela Mittal Wife Of Sh. Mukut
Ghanshyam Ji Mittal Resident Of Chhawani Main Road, Kota
Rajasthan.
                                                                         ----Petitioner
                                        Versus
1.         Sh. Mahendra Mittal Son Of Sh. Girraj Prasad Mittal
           Proprietor Mittal Marbles Industries, 557-J, Chhawani
           Main Road, Kota Rajasthan Resident Of Gokal House No.
           B-320, Near Global School, Indra Vihar, Kota Rajasthan.
2.         Sh.   Kamal     Mittal      Son     Of      Sh.    Girraj    Prasad    Mittal
           Proprietor Messers Mittal Tiles World, Chhawani Main
           Road, Kota Rajasthan Resident Of Matra Chayya, Nagar
           Nigam Colony, Chhawani, Kota Rajasthan.
                                                                      ----Respondents

For Petitioner(s) : Mr. M.K. Choudhary.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

23/02/2022

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Kota (Additional Chief

Judicial Magistrate) to decide the case No.76/2013 (CNR

No.844/2014) expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Kota (Additional Chief Judicial

Magistrate) since 2013. Counsel further submits that according to

(2 of 2) [CW-14093/2021]

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, Kota (Additional Chief Judicial

Magistrate) to decide the case No.76/2013 (CNR No.844/2014)

preferably within a period of one year.

(INDERJEET SINGH),J

MG/78

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