Allowed

Habib Khan v. Mohan Lal Verma

Rajasthan HC21 Dec 2017CW/23447/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan directed the Jaipur Metropolitan Rent Tribunal to dispose of a pending eviction petition expeditiously within one month, ensuring adherence to Section 21(4) to prevent casual adjournments. The writ petition was allowed.

What did the court decide?

The Rent Tribunal, Jaipur Metropolitan, Jaipur is directed to expeditiously decide the eviction application within one month and adhere to Section 21(4); frivolous applications to be decided on the sa

Habib Khan Vs Mohan Lal Verma — Service and Employment | 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. 23447 / 2017

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Habib Khan, S/o late Shri Maan Khan, aged about 68 years, caste Muslim, R/o Plot No. 608, New Jalupura, Shastrinagar, Jaipur, Rajasthan

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----Petitioner

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Versus

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Mohan Lal Verma, S/o late Shri Dungarmal Soni, aged about 68 years, caste Soni, R/o House No. 3/5, Housing Board, Shastri Nagar, Jaipur. Office Address: Plot No. 608, M/s. G.M. Jewellers, New Jalupura, Shastri Nagar, Jaipur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Sehban Naqvi

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HON'BLE MR. JUSTICE ALOK SHARMA

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Judgment

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21/12/2017

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Counsel for the petitioner-landlord-applicant (hereafter ‘the applicant’) submitted that the eviction petition laid by him in the year 2010 is pending before the Rent Tribunal, Jaipur Metropolitan, Jaipur for final arguments since 27.2.2015. Thereafter over 30 adjournments have been casually granted by the Rent Tribunal on mere askance without just cause in contravention of Section 21(4) of the Rajasthan Rent Control Act, 2001. He prays that direction be issued to the Rent Tribunal, Jaipur Metropolitan, Jaipur to dispose of the eviction petition no. 205/2010 (705/2015) expeditiously.

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Having heard learned counsel for the applicant and perused the material available on record as also the provisions of the 2001 Act, I find that the prayer sought for is reasonable.

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(2 of 2)

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[CW-23447/2017]

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The Rent Tribunal, Jaipur Metropolitan, Jaipur is directed to expeditiously decide the eviction application filed by the applicant and in any event not later than one month 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(s), 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

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court proceedings.

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Writ petition stands allowed accordingly.

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(ALOK SHARMA)J.

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Habib Khan v. Mohan Lal Verma

Case brief

What is this about?

What did the court decide?

Habib Khan v. Mohan Lal Verma

Case brief

What is this about?

What did the court decide?

What the court decided

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