Hanuman Prasad Sharma S/O Late ... vs Sarla Somani W/O Late Shri ...
2023 Latest Caselaw 967 Raj/2

[2023/RJJP/000747]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1786/2023

Hanuman Prasad Sharma S/o Late Shri Nathulal Ji, Aged About
70 Years, R/o Jangid Bhawan, House No. 30, M.i. Road, Jaipur.
                                                                      ----Petitioner
                                       Versus
1.       Sarla Somani W/o Late Shri Omprakash Somani, Resident
         Of Subhash Nagar, Near T.b. Sanitarium, Jaipur.
2.       Sanjay      Somani      S/o     Late      Shri     Omprakash      Somani,
         Resident Of Subhash Nagar, Near T.b. Sanitarium, Jaipur.
3.       Sameer Somani            S/o Late Shri             Omprakash Somani,
         Resident Of Subhash Nagar, Near T.b. Sanitarium, Jaipur.
4.       Jai Kumar Somani S/o Shri Sagarmal Somani, Resident Of
         A-25, Subhash Nagar, Shastri Nagar, Jaipur.
5.       Suman Somani Adopted S/o Shri Anandilal Somani,
         Resident Of 602, Lee Grand 7, J.d.a. Scheme, Subhash
         Nagar, Shastri Nagar, Jaipur.
                                                                   ----Respondents

For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

30/01/2023

The instant writ petition has been filed by the petitioner with

the prayer to direct the learned Rent Tribunal No.1 (Additional

Senior Civil Judge & Additional Chief Metropolitan Magistrate,

No.1, Jaipur Metropolitan-I) to decide the eviction petition

No.310/2005 expeditiously.

Counsel for the petitioner submitted that the eviction petition

No.310/2005 is pending before the learned Rent Tribunal No.1

(Additional Senior Civil Judge & Additional Chief Metropolitan

[2023/RJJP/000747] (2 of 2) [CW-1786/2023]

Magistrate, No.1, Jaipur Metropolitan-I) and the same may be

directed to be decided expeditiously.

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 learned Rent Tribunal No.1 (Additional

Senior Civil Judge & Additional Chief Metropolitan Magistrate,

No.1, Jaipur Metropolitan-I) to decide the eviction petition

No.310/2005 preferably within a period of one year.

(INDERJEET SINGH),J

Upendra Pratap Singh /149

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