Smt Leela Devi W/O Late Shri ... vs Shri Shanti Lal Jain ...
2023 Latest Caselaw 5096 Raj/2

[2023:RJ-JP:24049]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 3770/2021
Smt Leela Devi W/o Late Shri Ballabh Das Hurkat, Aged About
82 Years, R/o House No. 1166, Hurkat Bhawan, Nataniyon Ka
Rasta Jaipur.
                                                                           ----Petitioner
                                        Versus
Shri Shanti Lal Jain, Prop. Lining Bukram House, 1166,
Nataniyon Ka Rasta, Sandhi Ji Ki Gali, Jaipur , At Present Shop
House No. 1027-28, Sandhi Ji Ka Rasta, Jaipur.
                                                                      ----Respondent

For Petitioner(s) : Mr. Jitendra Singh For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

20/09/2023

1. The instant writ petition has been filed by the petitioner with

the prayer to issue direction to the Rent Tribunal-II, Jaipur

Metropolitan-I, Jaipur, to decide the Rent Application

No.759/2014; titled as Leela Devi Vs. Shanti Lal Jain

expeditiously.

2. Counsel for the petitioner submits that the application is

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

since 2014 and the non-applicant was served long back.

3. Counsel for the petitioner further submits that the provisions

of Section 15 of the Rajasthan Rent Control Act, 2001, provides

for disposal of the Rent application within 240 days from the date

of service upon the respondent-tenant.

4. In support of contentions, counsel relied upon the judgment

passed by the Hon'ble Supreme Court in the matter of Hameed

[2023:RJ-JP:24049] (2 of 2) [CW-3770/2021]

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 allover the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the land lord 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."

5. On consideration of the arguments advanced by the counsel

for the petitioner and material available on record, this Court feels

that, ends of justice would meet, if the Rent Tribunal-II, Jaipur

Metropolitan-I, Jaipur is directed to dispose of the rent application

at the earliest.

6. In view of the above, this writ petition is disposed of with the

directions to the Rent Tribunal-II, Jaipur Metropolitan-I, Jaipur, to

dispose of the Rent Application No.759/2014; titled as Leela Devi

Vs. Shanti Lal Jain expeditiously and preferably within a period of

six months.

7. Since the main petition has been disposed of, all pending

application/s, if any, also stands disposed of.

8. Office is directed to send a certified copy of this order to the

concerned Rent Tribunal for compliance.

(GANESH RAM MEENA),J

ARTI SHARMA /733

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