Mahant Avdesh Das Chela Late Sh. ... vs Smt Sushila Devi Wife Of Lal Chand ...
2023 Latest Caselaw 888 Raj/2

[2023/RJJP/000587]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 14667/2022

Mahant Avdesh Das Chela Late Sh. Rameshwar Das, Mandir Shri
Sitaram , Plot No. 260 Old Amer Road, Jaipur Through His Poa
Holder Deepchnd Sharma Son Of Late Shri Moolchand Sharma.
                                                                     ----Petitioner
                                     Versus
1.       Smt Sushila Devi Wife Of Lal Chand Agarwal, Resident Of
         146, Govind Nagar, West, Jaipur.
2.       Lalchand Agarwal Son Of Shri Ghasilal Agarwal, Resident
         Of 146, Govind Nagar, West, Jaipur.
3.       Manoj Agarwal Son Of Lal Chand Agarwal, Resident Of
         146, Govind Nagar, West, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Abhi Goyal.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

27/01/2023

The instant writ petition has been filed by the petitioner with

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

Jaipur to decide the eviction application No.1475/2004

expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, Jaipur Metropolitan-First, Jaipur

since 2004. 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

[2023/RJJP/000587] (2 of 2) [CW-14667/2022]

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, Jaipur Metropolitan-First,

Jaipur to decide the eviction application No.1475/2004 preferably

within a period of one year.

(INDERJEET SINGH),J

MG/237

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