Disposed

Ramcharan Sharma andANR v. Brajendra Kumar RAWATandANR

Rajasthan HC17 Aug 2015CW/10450/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan Bench at Jaipur disposed of a writ petition seeking a direction for the Rent Tribunal to decide a pending eviction application within the statutory period. The Court emphasized expedited disposal and discouraged undue adjournments.

What did the court decide?

Directed the Rent Tribunal to expedite disposal of the original application and avoid granting undue adjournments without justified reasons.

Ramcharan Sharma andANR Vs Brajendra Kumar RAWATandANR — Partition | Rajasthan HC (2015)

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Cw10450/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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Ramcharan Sharma and Another Vs. Brajendra Kumar Rawat and Another

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Date of Order ::: 17.08.2015

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Present Hon'ble Mr. Justice Mohammad Rafiq

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Shri Laxmikant Sharma for Shri R.K. Daga, counsel for petitioners ####

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By the Court:-

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This writ petition has been filed by petitioners for a direction to learned Rent Tribunal, Jaipur Metropolitan, Jaipur, to decide Original Application No.669/2005 filed by them, within specified time period.

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Petitioners filed original application for eviction against respondents in the year 2005. Respondents filed detailed written statement with counter claim on 23.03.2006. Petitioners filed rejoinder on 24.05.2006. Learned Rent Tribunal framed issues on 27.08.2006. The matter was posted for crossexamination of respondents on 16.02.2010. It is contended that the matter is pending since 2005 but till date no effective hearing took place.

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Learned counsel for petitioners submitted that even though the Rajasthan Rent Control Act, 2001 under Section 15(5) has provided that said application be decided within a period of 240 days, but the Rent Tribunal has not done so and about ten years have elapsed since the service of notice of the original

Cw10450/2015

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application.

Having regard to the facts afore-stated and also the fact that the legislature has intended early disposal of the original application for eviction by the Tribunal, it is impressed upon the Tribunal to expedite disposal of the Original Application by not granting undue adjournments just at the askance of the either party and if at all for any justified reason adjournment is required to be given, it should be of shorter intervals and for specified reasons.

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With that direction and observation, the writ petition is disposed of.

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(Mohammad Rafiq) J.

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//Jaiman//95

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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Giriraj Prasad Jaiman PS-cum-JW

Ramcharan Sharma andANR v. Brajendra Kumar RAWATandANR

Case brief

What is this about?

What did the court decide?

Ramcharan Sharma andANR v. Brajendra Kumar RAWATandANR

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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