Allowed

Nemichand Jain and Anr. v. Narpat Singh Bhati

Rajasthan HC13 Oct 2017CW/16632/2017

Case brief

AI extract

What is this about?

High Court directed the Rent Tribunal to dispose of a pending eviction application under the Rent Control Act, 2001, within eight months. The court mandated adherence to statutory timelines, reasoned orders for adjournments, and expedited disposal of frivolous tenant applications.

What did the court decide?

Directed Rent Tribunal to decide eviction application within eight months; adhere to Section 21(4); dispose of frivolous applications expeditely with costs.

Nemichand Jain and Anr. Vs Narpat Singh Bhati — Landlord and Tenant | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.16632/2017

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Nemichand Jain S/o Late Sh. Gulab Chand, by Caste Jain, Aged About 69 Years, R/o 30, Manav Ashram Colony, Gopalpura Mod, Tonk Road, Jaipur

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Sunil Kumar Jain S/o Late Sh. Gulab Chand, by Caste Jain, Aged About 61 Years, R/o - C/O 1502, Sounthali Walon Ka Rasta, Johari Bajar, Jaipur ----Petitioners

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Versus

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Narpat Singh Bhati S/o Sh. Amar Singh, by Caste Rajput, R/o B- 18, Takhteshahi Road, Jawahar Lal Neharu Marg, Jaipur & 28, Janakpuri Colony, Near Keshav Vidya Peeth, Jamdoli, Jaipur

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr.Rahul Kamwar.

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_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order

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13/10/2017

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This petition has been filed with the prayer to direct the Rent Tribunal Jaipur Metropolitan, Jaipur to decide at an early date the eviction application No.637/2015, Nemichand Jain & Others Vs. Narpat Singh filed under the provisions of Rent Control Act, 2001 (hereinafter `2001 Act').

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Counsel for the petitioner submits that the petitioner applicant-landlord filed eviction application under Section 9 of the 2001 Act on 31.08.2015. After service, counsel for the non applicant appeared and filed reply on 05.05.2016. Thereafter the case is still pending. Counsel submitted that Section 15(5) of the 2001 Act provides for disposal of eviction application within 240 days from service of notice on opposite party. Reference has been made to Section 21(4) of the 2001 Act which provides that adjournment by the Rent Tribunal can be granted only on an application in writing therefor decided by a reasoned order. Yet adjournments are granted on the mere askance. And the non-

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(2 of 2)

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[CW-16632/2017]

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applicant-tenant resorts to frivolous applications to stall the progress in the eviction petition.

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Having heard learned counsel for the petitioner, and perused the material available on record as also the provisions of the 2001 Act, I find that the prayer sought for is reasonable. The Rent Tribunal is directed to expeditiously decide the application filed by the petitioner and in any event not later than eight months from the date of receipt of the certified copy of this order. In the process, the provisions of Section 21(4) of the 2001 Act be adhered to. It is further directed that in the event of filing of frivolous application the same be decided on the same day or the following day by a reasoned and speaking order, and when necessary cost be also imposed as a measure of regulation of court proceedings.

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The writ petition stands allowed accordingly.

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(ALOK SHARMA) J.

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Karan/43

Nemichand Jain and Anr. v. Narpat Singh Bhati

Case brief

What is this about?

What did the court decide?

Nemichand Jain and Anr. v. Narpat Singh Bhati

Case brief

What is this about?

What did the court decide?

What the court decided

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