Citation : 2022 Latest Caselaw 7499 Raj/2
Judgement Date : 28 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3523/2022
1. Kailash Narayan Pareek, S/o Late Suraj Narayan Pareek,
Aged About 90 Years, Resident Of Plot No 299, Torda House,
Kishanpol Bazar, Jaipur.
2. Siddharth Pareek, S/o Late Aditya Pareek, Aged About 54
Years, Resident Of Plot No 299, Torda House, Kishanpol
Bazar, Jaipur.
3. Amit Narayan Pareek, S/o Late Gopal Narayan Pareek, Aged
About 77 Years, Resident Of Plot No 299, Torda House,
Kishanpol Bazar, Jaipur.
4. Alok Pareek, S/o Late. Prem Narayan Pareek, Aged About 58
Years, Resident Of Plot No 299, Torda House, Kishanpol
Bazar, Jaipur.
5. Anshul Pareek, S/o Late Akhilesh Narayan Pareek, Aged
About 45 Years, Resident Of Plot No 299, Torda House,
Kishanpol Bazar, Jaipur.
----Petitioners
Versus
1. Virendra Kumar Jain, S/o Shree Radhelal Jain, Aged About
69 Years, R/o256-257, Nirman Nagar-A, Ajmer Road, Jaipur.
2. Rajendra Kumar Jain, S/o Shree Radhelal Jain, Aged About
76 Years, R/o 783 Bandwalo Ka Darwaza, Chaura Rasta,
Jaipur
3. Tara Devi, W/o Late Premchand Jain, Aged About 67 Years,
Partnership Firm M/s Moolchand Radhelal And Co., Address
64, 65, Kailashpuri, Tonk Road, Jaipur
4. M/s Moolchand Radhelal Partnership Firm, Through Partner
Sumitra Devi, W/o Late Mahendra Kumar Jain, Age 69,
Resident Of 151, Gomez Defence Colony, Vaishali Nagar,
Jaipur
5. M/s Moolchand Radhelal Partnership Firm, Through Partner
Virendar Kumar Jain, S/o Radelal Jain, Age 69, Resident Of
299, Torda House Kishanpole Bazar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Aman Pareek For Respondent(s) :
(2 of 2) [CW-3523/2022]
HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/11/2022
Application for early listing is allowed.
The instant writ petition has been filed by the petitioners with
the prayer to direct the Rent Tribunal, Additional Chief Metropolitan
No.1, Jaipur to decide the Eviction Petition No.43/2019 expeditiously.
Counsel for the petitioners submitted that the eviction petition
is pending before the Rent Tribunal, Additional Chief Metropolitan
No.1, Jaipur since 2019 and the same may be directed to be decided
expeditiously.
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, Additional Chief Metropolitan No.1,
Jaipur to decide the Eviction Petition No.43/2019 preferably within a
period of one year.
(INDERJEET SINGH),J
JYOTI /25
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