Citation : 2023 Latest Caselaw 448 Raj/2
Judgement Date : 12 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 598/2023
Shri Vinay Gupta S/o Sh. Naresh Kumar Gupta, Aged About 36
Years, R/o Mohalla Ladiya Bagh, Near Ashoka Talkies, Alwar,
Tehsil And District Alwar, Rajasthan.
----Petitioner
Versus
Shri Sitaram Khandelwal S/o Sh. Ramdayal, R/o Makaan No.
514, Vijay Nagar, Alwar, Tehsil And District Alwar, Rajasthan.
Prop. M/s Pradeep Agency Railway Station Road, Alwar, Tehsil
And District Alwar, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Ajay Goyal For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
12/01/2023
The instant writ petition has been filed by the petitioner with
the prayer to direct the Rent Tribunal, Alwar to decide the original
application No.34/11/22 expeditiously.
Counsel for the petitioner submitted that the petition is
pending before the Rent Tribunal, Alwar. 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
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
(2 of 2) [CW-598/2023]
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, Alwar to decide the original
application No.34/11/22 preferably within a period of one year.
(INDERJEET SINGH),J
ANAND TANWAR /220
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