Citation : 2023 Latest Caselaw 1308 Raj/2
Judgement Date : 1 February, 2023
[2023/RJJP/001080]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1702/2023
Yasin Khan S/o Late Shri Amir Khan, Aged About 76 Years, R/o
455, Naya Jalupura, Shastri Nagar, Jaipur.
----Petitioner
Versus
Vijay Soni Alias Gordhan S/o Late Mr. Kishanlal Soni, Aged About
50 Years, Resident Of Village Maulasar, Tehsil Didwana, District
Nagaur And Plot No. 2-B-13, Vishwakarma Colony, P.n. Near T.
Quarter, Shastri Nagar, Jaipur And Shop No. 4 (South Facing)
Plot No. 455, Naya Jalupura, Nahari Ka Naka, Shastri Nagar,
Jaipur.
----Respondent
For Petitioner(s) : Mr. Ankit Jain.
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 Metro-II to decide
the case No.29/2022 expeditiously.
Counsel for the petitioner submitted that the petition is
pending before the Rent Tribunal, Jaipur Metro-II since 2022.
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/001080] (2 of 2) [CW-1702/2023]
"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 Metro-II to decide the
case No.29/2022 preferably within a period of one year.
(INDERJEET SINGH),J
MG/146
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