Citation : 2023 Latest Caselaw 338 Raj/2
Judgement Date : 11 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 977/2022
1. Smt. Pushpa Mittal W/o Late Shri Hradyaprakash Mittal,
R/o Plot No. 57 (Amc No. 589/02, New 563/44) Shastri
Colony, Pushkar Road, Ajmer (Since Deceased) Through
Her Legal Heirs
1/1. Smt. Meenu Agarwal D/o Late Shri Hradyaprakash Mittal
And Smt. Pushpa Mittal W/o Shri Jinesh Jain, Aged About
46 Years, R/o Ganpati Nagar, Near Regional College,
Pushkar Road, Ajmer.
----Petitioners
Versus
Kisanaram S/o Banwari Lal, M/s Mahadev Furniture, Plot No. 36,
Near Anasagar Police Chowki, Faisagar Road, Ajmer
----Respondent
For Petitioner(s) : Mr. Chain Singh Rathore For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
11/01/2023
The instant writ petition has been filed by the petitioners
with the prayer to direct the Rent Tribunal, Ajmer to decide the
original application No.47/2019 expeditiously.
Counsel for the petitioners submitted that the petition is
pending before the Rent Tribunal, Ajmer since 2019. 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
(2 of 2) [CW-977/2022]
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, Ajmer to decide the original
application No.47/2019 preferably within a period of one year.
(INDERJEET SINGH),J
ANAND TANWAR /151
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