Dinesh Kumar Mittal S/O Sri ... vs Shailendre Bhatiya S/O Late Shri ...
2023 Latest Caselaw 889 Raj/2

[2023/RJJP/000586]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1715/2023

Dinesh Kumar Mittal S/o Sri Damodar Prasad Mittal, Aged About
50 Years, R/o Plot No-2/216, Vidhyadhar Nagar, Jaipur.
                                                                   ----Petitioner
                                    Versus
Shailendre Bhatiya S/o Late Shri Surajprakash Bhatiya, Through
Partner Firm M/s Delhi Trading Company R/o- Plot No-275,
Adarsh Nagar, Jaipur
                                                                 ----Respondent

For Petitioner(s) : Mr. Bihari Lal Agarwal.

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-II,

Jaipur to decide the eviction petition No.329/2016(627/2018)

expeditiously.

Counsel for the petitioner submitted that the petition is

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

since 2016. 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:-

[2023/RJJP/000586] (2 of 2) [CW-1715/2023]

"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-II, Jaipur

to decide the eviction petition No.329/2016(627/2018) preferably

within a period of one year.

(INDERJEET SINGH),J

MG/263

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