Rajasthan High Court
Shyam Sundar S/O Late Shri Bhanwar ... vs Pratap Cloth Store ... on 22 February, 2023
Bench: Inderjeet Singh
[2023/RJJP/003242]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3425/2023
Shyam Sundar S/o Late Shri Bhanwar Lal Singhal (Agarwal), In
The Capacity Of Self And In The Capacity Of Manager And Karta
Of Hindu Undivided Family Name And Style Of Shyam Sundar
Singhal Huf, R/o 37-38, Mangal Colony, Ajmer Road, Beawar,
District Ajmer (Raj.)
----Petitioner
Versus
1. Pratap Cloth Store, A Business Firm Through Its
Proprietor Shri Manoj S/o Shri Keshavdas Sindhi (Khatri)
R/o Near G.m. Banthiya, Pali Bazar (Shradhanand Bazar),
Beawar, District Ajmer (Raj.)
2. Manoj S/o Shri Keshavdas Sindhi (Khatri), In The
Capacity Of Self And In The Capacity Of Proprietor Of
Business Name And Style Of Pratap Cloth Store, R/o Near
G.m. Banthiya, Pali Bazar (Shradhanand Bazar), Beawar,
District Ajmer (Raj.)
3. Keshavdas S/o Shri Bhagwan Das Sindhi (Khatri), In The
Capacity Of Self And In The Capacity Of Proprietor/
Manager Of Business Name And Style Of Pratap Cloth
Store, And Tikam Das Shaman Das (Now Deceased)
Through His Legal Heirs And Legal Representatives-
3/1. Manoj S/o Late Shri Keshavdas, R/o Near G.m. Banthiya,
Pali Bazar (Shradhanand Bazar), Beawar, District Ajmer
(Raj.)
3/2. Vasu S/o Late Shri Keshavdas, R/o Near G.m. Banthiya,
Pali Bazar (Shradhanand Bazar), Beawar, District Ajmer
(Raj.)
3/3. Smt. Parmeshwari Devi W/o Late Shri Keshavdas, R/o
Shivam, 100, Brijmohan Sharma Nagar, Ganeshpura
Road, Beawar.
3/4. Smt. Geeta Khatri W/o Sh. Jaikishan D/o Late Sh.
Keshavdas, R/o 120/26, Indra Path, Mansarovar, Agarwal
Farm, Jaipur.
3/5. Smt. Lavina Nankani @ Dhanwanti W/o Sh. Bhagwan Das
D/o Late Shri Keshavdas, R/o D-69, Ward No. 10B, Shakti
Nagar, Post Gandhidham-Kachchh (Gujarat).
(Downloaded on 24/02/2023 at 12:45:50 AM)
[2023/RJJP/003242] (2 of 3) [CW-3425/2023]
4. Tikam Das Shaman Das, A Business Firm Through Its
Proprietor Shri Kalyan Mal S/o Late Shri Tikam Das Sindhi
(Khatri).
5. Kalyan Mal S/o Late Shri Tikam Das Sindhi (Khatri), In
The Capacity Of Self And In The Capacity Of Proprietor Of
Business Name And Style Of Tikam Das Shaman Das, R/o
Near G.m. Banthiya, Pali Bazar (Shradhanand Bazar),
Beawar, District Ajmer (Raj.)
----Respondents
For Petitioner(s) : Mr. Arjun Lal Meena for petitioner.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
22/02/2023
The instant writ petition has been filed by the petitioner with
the prayer to direct the Rent Tribunal, Beawar to decide the
original application No.26/2020 expeditiously.
Petitioner submits that the petition is pending before the
Rent Tribunal, Beawar since 2020. Petitioner 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:-
"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.
[2023/RJJP/003242] (3 of 3) [CW-3425/2023]
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, Beawar to decide the original
application No.26/2020 preferably within a period of one year.
(INDERJEET SINGH),J
MG/129
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