Disposed

Gonind Sahai Gupta S/O Late Sh. Narayan Sahai v. Hari Babu @ Harish Kumar Saxsena S/O Sh. Kundan Lal Saxena

Rajasthan HC22 Oct 2019CW/3262/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking a direction for expedited disposal of a pending eviction application before the Rent Tribunal, Alwar. It directed the Tribunal to decide the matter within one year, citing Supreme Court guidelines on speedy eviction cases.

What did the court decide?

Direction to the Rent Tribunal, Alwar to decide the pending application within one year.

Gonind Sahai Gupta S/O Late Sh. Narayan Sahai Vs Hari… — Landlord and Tenant | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3262/2019

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Gonind Sahai Gupta S/o Late Sh. Narayan Sahai, Aged About 75 Years, By Caste Mahajan, R/o Plot No. 83, Bank Colony, Alwar, Rajasthan.

¶4

Ramesh Chand S/o Late Sh. Narayan Sahai, By Caste Mahajan, R/o Manumarg, Pratap Nagar, Housing Board, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶5

Kedar Nath S/o Late Sh. Narayan Sahai, By Caste Mahajan, R/o Scheme No. 1, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶6

Shubhash Chand Gupta S/o Sh. Gopal Sahai, By Caste Mahajan, R/o Kallu Pada, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶7

Mahesh Chand Gupta S/o Sh. Gopal Sahai, By Caste Mahajan, R/o Kallu Pada, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶8

Ashok Kumar S/o Late Sh. Pushkar Dayal, By Caste Mahajan, R/o Mohalla Bheekam Saiyad, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶9

Satish Chand S/o Late Sh. Pushkar Dayal, By Caste Mahajan, R/o Mohalla Bheekam Saiyad, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶10

Anil Kumar S/o Late Sh. Pushkar Dayal, By Caste Mahajan, R/o Mohalla Bheekam Saiyad, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶11

Manmohan S/o Late Sh. Pushkar Dayal, By Caste Mahajan, R/o Mohalla Bheekam Saiyad, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

¶12

Vinod Kumar S/o Late Sh. Pushkar Dayal, By Caste Mahajan, R/o Mohalla Bheekam Saiyad, Alwar. Through Power Of Attorney Holder Sh. Govind Sahai Gupta.

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----Petitioners

¶14

Versus

¶15

Hari Babu @ Harish Kumar Saxsena S/o Sh. Kundan Lal Saxena, By Caste Kayasth, Possession Holder Manni Ka Badh, Alwar.

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(2 of 3)

¶17

[CW-3262/2019]

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Dinesh Kumar Saxsena S/o Sh. Kundan Lal Saxsena, By Caste Kayasth, Possession Holder Manni Ka Badh, Alwar.

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----Respondents

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For Petitioner(s) : Mr. Ajay Goyal. For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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22/10/2019

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The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Alwar to decide application No.34/62/15 expeditiously.

¶25

Counsel for the petitioner submitted that the appeal is pending before the Appellate Rent Tribunal, Alwar since 2015. Counsel further submits that according to the scheme of Rent Control Act, 2001, the eviction petition has to be decided within a period of 240 days.

¶26

In support of contentions, counsel relied upon the judgment passed by the Hon’ble Supreme Court in the matter of Hameed Kunju vs. Nazimin , reported in (2017) 8 Supreme Court Cases 611 , wherein it has been held as under:-

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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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(3 of 3)

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[CW-3262/2019]

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In that view of the matter, the writ petition is disposed of with a direction to the Rent Tribunal, Alwar to decide the application No.34/62/15 preferably within a period of one year.

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(INDERJEET SINGH),J

¶32

MG/93

Gonind Sahai Gupta S/O Late Sh. Narayan Sahai v. Hari Babu @ Harish Kumar Saxsena S/O Sh. Kundan Lal Saxena

Case brief

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Gonind Sahai Gupta S/O Late Sh. Narayan Sahai v. Hari Babu @ Harish Kumar Saxsena S/O Sh. Kundan Lal Saxena

Case brief

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