Disposed

Madan Mohan Sharma S/O Shri Ram Pratap Sharma, by Caste Brahman v. Tarun Saini S/O Shri Yogesh Kumar Saini

Rajasthan HC3 Nov 2018CW/24775/2018

Case brief

AI extract

What is this about?

The High Court directed the Jaipur Rent Tribunal to expedite and conclude eviction proceedings instituted by the petitioner within ten months, citing statutory time limits and the Apex Court's emphasis on speedy disposal of land dispute cases.

What did the court decide?

Directed the Rent Tribunal, Jaipur to expedite and finally decide the eviction proceedings within ten months.

Madan Mohan Sharma S/O Shri Ram Pratap Sharma, by… — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 24775/2018

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Madan Mohan Sharma S/o Shri Ram Pratap Sharma, By Caste Brahman, Aged About 90 Years, Resident Of House No. 1638/1056, Chokri Vishweshwarji, Sonthli Walon Ki Koont, Chaura Rasta, Jaipur.

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----Petitioner

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Versus

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Tarun Saini S/o Shri Yogesh Kumar Saini, Aged About 33 Years, Resident Of House No. 1595, Uncha Kua, Godhon Ka Chowk, Haldiyon Ka Rasta, Johari Bazar, Jaipur And Shop No. 104, Chaura Rasta, Bhatton Ki Gali Ka Nukkad, Chokri Modikhana, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Lokesh Sharma and Ms. Shefali Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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03/11/2018

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All that has been prayed in the instant writ application is for an early disposal/decision of the proceedings instituted by the petitioner vide Application Number 174/2017 (Madan Mohan Sharma Vs. Tarun Saini), before the Rent Tribunal, Jaipur.

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Learned counsel for the petitioner submits that despite there being a specific contemplation under Section 15(5) of the Rent Control Act, 2001, for disposal of the proceedings within 240 days; the proceedings have not been concluded finally.

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Relying upon the opinion of the Apex Court of the land in the case of Hameed Kunju Vs. Nazimin : (2017) 8 SCC 621, learned

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(2 of 2)

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[CW-24775/2018]

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counsel for the petitioner submits that for the present, the petitioner would be satisfied, if the Rent Tribunal, Jaipur, is directed to decide the eviction proceedings instituted by the petitioner in the year 2017, within a time frame.

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Heard and considered.

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In the case of Hameed Kunju (supra), the Apex Court of the

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land while parting with the adjudication therein, observed thus:

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“43. Before parting, we consider it apposite to observe that the object of the Rent Laws all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need. 44. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases.”

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Having heard the counsel for the petitioner and keeping in view the nature of prayer addressed; the Rent Tribunal, Jaipur, is directed to expedite the hearing and conclusion of the proceedings pending on the original application (supra).

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The Tribunal shall do the needful to finally decide the matter as expeditiously as possible, preferably, within ten months from the date a certified copy of this order is presented.

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With the observations and directions, as indicated above, the writ proceedings stand closed.

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(VEERENDR SINGH SIRADHANA),J

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SS/98

Madan Mohan Sharma S/O Shri Ram Pratap Sharma, by Caste Brahman v. Tarun Saini S/O Shri Yogesh Kumar Saini

Case brief

What is this about?

What did the court decide?

Madan Mohan Sharma S/O Shri Ram Pratap Sharma, by Caste Brahman v. Tarun Saini S/O Shri Yogesh Kumar Saini

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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