Harsh Chaudhary S/O Late Sh. ... vs Ratan Singh S/O Sh. Radhakishan ...
2023 Latest Caselaw 1558 Raj/2

[2023/RJJP/001655]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 2223/2023

1.       Harsh Chaudhary S/o Late Sh. Surajbhan Chaudhary,
         (Died During Trial Represented Through Lrs)
2.       Smt. Kamlesh Chaudhary W/o Late Sh. Harsh Chaudhary,
         Aged About 60 Years, R/o B-139, Janta Colony, Jaipur.
3.       Himanshu Chaudhary S/o Late Sh. Harsh Chaudhary,
         Aged About 31 Years, R/o B-139, Janta Colony, Jaipur.
4.       Priyanka Chaudhary D/o Late Sh. Harsh Chaudhary, Aged
         About 35 Years, R/o B-139, Janta Colony, Jaipur.
5.       Himani Chaudhary D/o Late Sh. Harsh Chaudhary, Aged
         About 33 Years, R/o B-139, Janta Colony, Jaipur.
                                                                  ----Petitioners
                                    Versus
Ratan Singh S/o Sh. Radhakishan, R/o Khasra No. 1/198, Jai
Jawan Colony Second, Tonk Road, Jaipur.
                                                                 ----Respondent

For Petitioner(s) : Mr. Vipul Jain.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

04/02/2023

The instant writ petition has been filed by the petitioners

with the prayer to direct the Rent Tribunal, Jaipur Metro-II, Jaipur

to decide the petition No.890/2015 expeditiously.

Counsel for the petitioners submitted that the petition is

pending before the Rent Tribunal, Jaipur Metro-II, Jaipur since

2015. 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.

[2023/RJJP/001655] (2 of 2) [CW-2223/2023]

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, Jaipur Metro-II, Jaipur to

decide the petition No.890/2015 preferably within a period of one

year.

(INDERJEET SINGH),J

MG/102

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