Allowed

Omprakash Agarwal v. Rajat Jawa and Ors.

Rajasthan HC14 Oct 2017CW/18090/2017

Case brief

AI extract

What is this about?

Petitioner landlord sought writ directing Rent Tribunal to decide pending eviction application within twelve months and adhere to Section 21(4). Court directed Tribunal to decide expeditiously without unfounded adjournments. Writ allowed.

What did the court decide?

Directed Rent Tribunal to decide eviction application within twelve months and dismiss frivolous applications immediately.

Omprakash Agarwal Vs Rajat Jawa and Ors. — Landlord and Tenant | Rajasthan HC (2017)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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ORDER

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Omprakash Agarwal S/o Shri Babu Lal Agarwal, Aged About 58 Years, R/o Plot No. 5, Tanaji Marg, Near Pondrik Park, Brahampuri, Jaipur.

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----Petitioner-plaintiff-(Landlord) Versus

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Rajat Jawa S/o Late Shri Iesh Kumar Jawa, R/o 548, Rajat Bhawan, Udai Marge, Gali No. 7, Rajapark, Near L.B.S. College, Jaipur.

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Smt. Santosh Jawa W/o Late Shri Iesh Kumar Jawa, R/o 548, Rajat Bhawan, Udai Marge, Gali No. 7, Rajapark, Near L.B.S. College, Jaipur. 3. Hemraj Singh Jadon S/o Shri Kedar Singh Jadon, R/o House No. 50, Maliyon Ki Dhani, Village Sumel, Jamdoli, Agra Road, Jaipur.

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Dinesh Kumar Dhokariya S/o Shri Rampal Dhokariya, R/o House No. 8-B/108, Lal Kothi, Tonk Road, Jaipur.

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Babulal Prajapat S/o Shri Mangilal Prajapat, R/o House No. 1822, Second Floor, Sothli Walon Ki Gali, Choura Rasta, Jaipur.

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Dr. Sachin Khattar S/o Namalum, R/o Khattar Dental Clinic, Shop No. 1, House No. 1822, Sothli Walon Ki Gali, Choura Rasta, Jaipur.

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----Respondents-Defendants
Date of Order: October 14, 2017
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Sandeep Kalwaniya, for the Petitioner.

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BY THE COURT :

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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

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application No.169/2014, Om Prakash Agrawal Vs. Rajat Jawa & others filed under the provisions of Rent Control Act, 2001 (hereafter `2001 Act').

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Counsel for the petitioner submits that the petitioner applicantlandlord filed eviction application under Section 9 of the 2001 Act on 5- 3-2014. After service, counsel for the non applicants appeared and filed reply on 13-11-2014. 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-applicanttenant 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 twelve 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

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day by a reasoned and speaking order, and when necessary cost be also

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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.
arn/

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

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Arun Kumar Sharma, Private Secretary.

Omprakash Agarwal v. Rajat Jawa and Ors.

Case brief

What is this about?

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Omprakash Agarwal v. Rajat Jawa and Ors.

Case brief

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