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Smt. Pushpa Mittal W/O Late Shri ... vs Kisanaram S/O Banwari Lal
2023 Latest Caselaw 338 Raj/2

Citation : 2023 Latest Caselaw 338 Raj/2
Judgement Date : 11 January, 2023

Rajasthan High Court
Smt. Pushpa Mittal W/O Late Shri ... vs Kisanaram S/O Banwari Lal on 11 January, 2023
Bench: Inderjeet Singh
        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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