Kailash Narayan Sharma Son Of Shri ... vs Madan Mohan Agarwal Son Of Shri ...
2023 Latest Caselaw 33 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil Writ Petition No. 7857/2022

1.       Kailash     Narayan      Sharma        Son      Of        Shri   Kalyanbaksh,
         Resident Of Mandir Of Murli Manohar, Kwaj Ji Ka Rasta,
         Jaipur (Deceased) Through Legal Heirs.
1/1.     Smt. Madhubala Wife Of Late Shri Kailash Narayan
         Sharma, Resident Of Mandir Of Murli Manohar, Kwaj Ji Ka
         Rasta, Jaipur.
1/2.     Madhav Son Of Late Shri Kailash Narayan Sharma,
         Resident Of Mandir Of Murli Manohar, Kwaj Ji Ka Rasta,
         Jaipur.
1/3.     Keshav Son Of Late Shri Kailash Narayan Sharma,
         Resident Of Mandir Of Murli Manohar, Kwaj Ji Ka Rasta,
         Jaipur.
1/4.     Raghav Son Of Late Shri Kailash Narayan Sharma,
         Resident Of Mandir Of Murli Manohar, Kwaj Ji Ka Rasta,
         Jaipur.
                                                                          ----Petitioners
                                      Versus
Madan Mohan Agarwal Son Of Shri Banshidhar Agarwal, Resident
Of 2-A, 138 Omshiv Colony, Shastri Nagar Jaipur.
                                                                      ----Respondent

For Petitioner(s) : Mr. Dhananjay Sharma.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

02/01/2023

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, Jaipur Metropolitan-II to

decide the petition No.188/2011 (686/2015) expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur since 2011. Counsel

(2 of 2) [CW-7857/2022]

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.

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-II to

decide the petition No.188/2011 (686/2015) preferably within a

period of one year.

(INDERJEET SINGH),J

MG/103

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