Rajendra Prasad Sharma S/O Shri ... vs Shri Gordhan Lal S/O Shri Chote Lal ...
2022 Latest Caselaw 1833 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 2741/2022

Rajendra Prasad Sharma S/o Shri Radhey Lal Ji Sharma, Aged
About 74 Years, R/o Near Bhairu Ji Temple, In Front Of Ishwar
Jain Store, Gadi Maliyan Road, Jones Ganj, Ajmer.
                                                                    ----Petitioner
                                    Versus
1.       Shri Gordhan Lal S/o Shri Chote Lal Jangid, (Died During
         Pendency Of Eviction Petition)
1/1.     Smt Prabhati Devi W/o Late Shri Gordhanlal, R/o Near
         Navrang Petrol Pump, Bihari Ganj, Nasribad Road, Ajmer.
1/2.     Shri Manoj S/o Late Shri Gordhanlal, R/o Near Navrang
         Petrol Pump, Bihari Ganj, Nasribad Road, Ajmer.
                                                                 ----Respondents

For Petitioner(s) : Mr. Bihari Lal Agarwal, Adv.

For Respondent(s)         :



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

25/02/2022

The instant writ petition has been filed by the petitioner with

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

Petition No.17/2014 expeditiously.

Counsel for the petitioner submitted that the eviction petition

is pending before the Rent Tribunal, Ajmer since 2014. 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

(2 of 2) [CW-2741/2022]

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, Ajmer to decide the Eviction

Petition No.17/2014 preferably within a period of one year.

(INDERJEET SINGH),J

JYOTI /186

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