Heena Manghani W/O Shri ... vs Nihal Singh S/O Shri Laxman Singh ...
2023 Latest Caselaw 1307 Raj/2

[2023/RJJP/001079]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1906/2023

Heena Manghani W/o Shri Vidhyadhar Manghani, Aged About 50
Years,    Resident   Of    4-Ba-5,       Jawahar        Nagar,   Opp.   Monilek
Hospital, Jaipur.
                                                                   ----Petitioner
                                    Versus
Nihal Singh S/o Shri Laxman Singh, Aged About 46 Years,
Resident Of 90 Devnagar, Benad Road, Jhotwara, Jaipur.
                                                                 ----Respondent

For Petitioner(s) : Mr. Ravindra Kumar Paliwal.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

01/02/2023

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur Metropolitan City-2,

Jaipur to decide the original application No.815/2016 (250/2017)

(298/2018) expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur Metropolitan City-2,

Jaipur since 2016. 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:-

[2023/RJJP/001079] (2 of 2) [CW-1906/2023]

"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, Jaipur Metropolitan City-2,

Jaipur to decide the original application No.815/2016 (250/2017)

(298/2018) preferably within a period of one year.

(INDERJEET SINGH),J

MG/147

Powered by TCPDF (www.tcpdf.org)