Disposed

Abdul Hakeem S/O Late Shri Abdul Karim v. Shahbuddin S/O Amir Khan B/C Muslim

Rajasthan HC3 Nov 2018CW/24792/2018

Case brief

AI extract

What is this about?

Single judge High Court authorized writ petitioner to direct Rent Tribunal to expedite and conclude pending eviction proceedings within nine months of this order, relying on Supreme Court precedent regarding speedy disposal of eviction cases.

What did the court decide?

Directing Rent Tribunal to conclude pending eviction proceedings expeditiously, preferably within nine months.

Abdul Hakeem S/O Late Shri Abdul Karim Vs Shahbuddin… — 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 Writs No. 24792/2018

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Abdul Hakeem S/o Late Shri Abdul Karim, Aged About 58 Years, By Caste Musalman, R/o House No. 3548. Teesra Chauraha, Nidan Rao Ji Ka Rasta, Mohalla Kayam Khani, Chandpole Bazaar, Jaipur, Rajasthan.

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----Petitioner

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Versus

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Shahbuddin S/o Amir Khan B/c Muslim, Tenant Of Shop No. 9, Situated At House No. 20, D.p. Colony, Sindhu Colony, Nahari Ka Naka, Jaipur.

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----Respondent

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For Petitioner(s) : Ms. Anita Khandelwal 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 Eviction Suit Number 09/2013(41/15) (Abdul Hakeem v. Shahbuddin), 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 counsel for the petitioner submits that for the present, the petitioner would be satisfied, if the Rent Tribunal, Jaipur, is

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(2 of 2)

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[CW-24792/2018]

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directed to decide the eviction proceedings instituted by the petitioner in the year 2013, 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 nine 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/99

Abdul Hakeem S/O Late Shri Abdul Karim v. Shahbuddin S/O Amir Khan B/C Muslim

Case brief

What is this about?

What did the court decide?

Abdul Hakeem S/O Late Shri Abdul Karim v. Shahbuddin S/O Amir Khan B/C Muslim

Case brief

What is this about?

What did the court decide?

What the court decided

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