Smt. Premlata W/O Late Shri ... vs Kailash Kumar S/O Bhawani Sahai
2023 Latest Caselaw 490 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 18474/2022

Smt. Premlata W/o Late Shri Hardwarilal, Aged About 65 Years,
R/o Jasoriya Bhawan, Mehtab Singh Ka Nohra, Presently R/o
House No. 30/178, Mahaveer Marg, City And District Alwar.
                                                                     ----Petitioner
                                     Versus
1.     Kailash Kumar S/o Bhawani Sahai, (Since Deceased)
2.     Indra Pareek W/o Late Shri Kailash Kumar, Aged About 69
       Years, R/o Mehtab Singh Ka Nohra, City And District Alwar
       (Raj.)
3.     Bhuvnesh S/o Late Shri Kailash Chand, R/o Mehtab Singh
       Ka Nohra, City And District Alwar (Raj.)
4.     Smt. Somwati Devi, (Since Deceased)
5.     Madhu D/o Late Shri Kailash Chand W/o Rajesh Kumar,
       R/o Mehtab Singh Ka Nohra, City And District Alwar, Raj.
                                                                  ----Respondents

For Petitioner(s) : Mr. Girish Khandelwal.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

13/01/2023

The instant writ petition has been filed by the petitioner with

the prayer to direct the Appellate Rent Tribunal, Alwar to decide

the appeal No.20/2021 expeditiously.

Counsel for the petitioner submitted that the appeal is

pending before the Appellate Rent Tribunal, Alwar since 2021.

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.

(2 of 2) [CW-18474/2022]

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 Appellate Rent Tribunal, Alwar to decide the

appeal No.20/2021 preferably within a period of six months.

(INDERJEET SINGH),J

MG/114

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