The High Court at Jaipur allowed a writ petition directing the Rent Tribunal to decide a pending eviction application within three months, ensuring adherence to statutory adjournment limits and penalties for frivolous delays.
Direction to Rent Tribunal to decide eviction application within 3 months and adhere to Section 21(4) regarding adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.19194/2017
Nasiruddin S/o Moinuddin, by Caste Muslim, R/o 833, Outside Char Darwaja, Mohalla Ichhawatan, Basbadanpura, Jaipur.
----Petitioner
Versus
Mohammed Shahzad S/o Mohammed Islam, by Caste Muslim, R/o House No. 833, Outside Char Darwaja, Mohalla Ichhawatan, Basbadanpura, Jaipur.
----Respondent
For Petitioner(s) : Mr. Shamsuddin Ansari.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
03/11/2017
This petition has been filed with the prayer to direct the
Rent Tribunal, Jaipur City, Jaipur to decide the eviction application No.178/2008, Nasiruddin Vs. Mohammed Inam filed under the provisions of Rent Control Act, 2001 (hereinafter `2001 Act'), at an early date.
Counsel for the petitioner submits that the petitioner applicant-landlord filed eviction application under Section 9 of the 2001 Act in the year 2008. After service, counsel for the non applicant appeared and filed reply on 27-5-2008. 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
(2 of 2)
[CW-19194/2017]
application in writing therefor decided by a reasoned order. Yet adjournments are granted on the mere askance. And the nonapplicant-tenant resorts to frivolous applications to stall the progress in the eviction petition.
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 three (3) 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.
The writ petition stands allowed accordingly.
(ALOK SHARMA) J.
Himanshu/34.
2 issues framed by the court
Whether a direction to dispose of a pending eviction application within a specific timeframe under the Rent Control Act, 2001 is maintainable.
Whether theRent Tribunal must adhere to statutory limits on granting adjournments and decide frivolous applications promptly.
3 provisions across 1 enactments
Nasiruddin
Mohammed Shahzad
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
