Allowed

Smt Kusumlata Rawat v. M/S Ghiyas and Anr.

Rajasthan HC17 Jan 2018CW/887/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a writ petition to direct the Rent Control Tribunal to expedite an eviction application within four months. The court mandated adherence to statutory provisions for adjournments and ordered that frivolous applications be disposed of swiftly with costs.

What did the court decide?

Directed the Rent Tribunal to decide the eviction application within four months, adhere to Section 21(4) for adjournments, and dispose of frivolous applications on the spot with costs.

Smt Kusumlata Rawat Vs M/S Ghiyas and Anr. — 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.887/2018

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Smt. Kusumlata Rawat W/o (Late) Shri Manak Chand Rawat, R/o 535, Hanuman Ka Rasta, Jaipur Rajasthan. ----Petitioner

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Versus

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M/s Ghiyas, Bhagat Bhawan, Mirza Ismail Road, Jaipur (Rajasthan) Through Partner Shri Manish Ghiya.

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The Rent Control Tribunal, Jaipur Metropolitan City, Jaipur.

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----Respondents

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For Petitioner(s) : Ms.Suruchi Kasliwal.

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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17/01/2018

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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.192/2015, Smt. Kusumlata Rawat Vs. M/s. Ghiyas filed under the provisions of Rent Control Act, 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 20.05.2014. After service, counsel for the non applicant appeared. 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

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(2 of 2)

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[CW-887/2018]

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askance. And the non-applicant-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 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 necessary cost be also imposed as a measure of regulation of court proceedings.

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The writ petition stands allowed accordingly.

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(ALOK SHARMA)J.

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Karan/33

Smt Kusumlata Rawat v. M/S Ghiyas and Anr.

Case brief

What is this about?

What did the court decide?

Smt Kusumlata Rawat v. M/S Ghiyas and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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