Writ petition seeking direction to the Jaipur Rent Tribunal to decide a pending eviction application expeditiously within four months.
Direction issued to the Rent Tribunal to decide the eviction application within four months of receipt of the certified copy of the order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.17377/2017
2/1. Smt. Shakuntla Bairathi W/o Lt. Sh. Umesh Chand Bairathi by Caste Agarwal, R/o House No. 1646, Bairathi Bhawan, Chaura Rasta, Jaipur.
2/2. Sh. Ashok Bairathi S/o Lt. Sh. Umesh Chand Bairathi by Caste Agarwal, R/o House No. 1646, Bairathi Bhawan, Chaura Rasta, Jaipur.
2/3. Smt. Anita Bairathi W/o Vaibhav Gupta D/o Lt. Sh. Umesh Chand Bairathi by Caste Agarwal, R/o House No. 1646, Bairathi Bhawan, Chaura Rasta, Jaipur.
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Sarvesh Sarswat
(2 of 3)
[CW-17377/2017]
HON'BLE MR. JUSTICE ALOK SHARMA Order
12/01/2018
This petition has been filed with the prayer to direct the Rent Tribunal Jaipur to decide at an early date the eviction application No.862/2011 45/2013, Ramesh Chand Bairathi Vs. M/s. Shyam Sunder filed under the provisions of Rent Control Act, 2001 (hereinafter `2001 Act').
Counsel for the petitioner submits that the petitioner applicant-landlord filed eviction application under Section 9 of the 2001 Act on 28.11.2011. After service, counsel for the non applicant appeared and filed reply 21.08.2012. Thereafter the case is still pending at stage of non-applicant’s evidence. 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-applicant-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 four months
(3 of 3)
[CW-17377/2017]
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/40.
1 issue framed by the court
Whether the petitioner landlord can direct the Rent Tribunal to expedite disposal of the eviction application under the Rent Control Act, 2001.
3 provisions across 1 enactments
Ramesh Chand Bairathi
M/s Shyamsunder Murari Lal Lashkari
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
