Allowed

Fazal Kadir v. Gordhan Lal Agrawal through Lrs

Rajasthan HC29 Jan 2018CW/1511/2018

Case brief

AI extract

What is this about?

Writ petition allowed directing Rent Tribunal to decide pending eviction application urgently within four months of this order. Court mandated strict adherence to disposal timelines and prohibition of casual adjournments. Frivolous applications to be disposed of expeditiously with cost imposition if filed.

What did the court decide?

Rent Tribunal directed to decide eviction application expeditiously within four months; frivolous applications decided same/following day with cost.

Fazal Kadir Vs Gordhan Lal Agrawal through Lrs — Landlord and Tenant | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.1511/2018

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Fazal Kadir S/o Late Shri Mohammad Kadir, Aged About 42 Years, R/o C-6/302, Kamal Apartment II, Station Road, Banipark, Jaipur.

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----Petitioner

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Versus

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Gordhan Lal Agrawal S/o Late Shri Kinduri Lal Agrawal, by Caste Mahajan, R/o G-19, Hati Babu Marg, Bani Park, Jaipur and B-4, Oneja Complex, Ground Floor, Chameliwala Market, Mumbaj Bagh, Jaipur (Since Deceased) Through His Legal Heirs:-

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1/1. Girish S/o Late Shri Gordhan Lal Agrawal, r/o, D-184, Akshat Residency, Bhragu Marg, Bani Park, Jaipur.

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...Respondent/Non-applicant

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1/2. Smt. Sushila W/o Late Shri Gordhan Lal Agrawal

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1/3. Smt. Santosh W/o Shri Rakesh Pilaniwale D/o Late Shri Gordhan Lal Agrawal

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1/4. Smt. Nimmi W/o Shri Surendra Bansal D/o Late Shri Gordhan Lal Agrawal

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1/5. Smt. Gopi W/o Late Shri Ashish Khandaka D/o Late Shri Gordhanlal Agrawal.

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All R/o D-184, Akshat Residency, Bhragu Marg, Banipark, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Nand Kishore Sharma

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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29/01/2018

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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.505/2009 (970/2014), Fazal Kadir

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vs. Gordhan Lal Agrawal represented through his Legal Representatives filed under the provisions of Rent Control Act,

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(2 of 3)

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[CW-1511/2018]

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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 18.08.2009. After service, counsel for the non applicant appeared and filed reply on 06.11.2009. 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 nonapplicant-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 eviction application filed by the petitioner and in any event not later than four 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

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(3 of 3)

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[CW-1511/2018]

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necessary cost be also imposed as a measure of regulation of

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court proceedings.

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The writ petition stands allowed accordingly.

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(ALOK SHARMA) J.

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Himanshu/185

Fazal Kadir v. Gordhan Lal Agrawal through Lrs

Case brief

What is this about?

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Fazal Kadir v. Gordhan Lal Agrawal through Lrs

Case brief

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