Disposed

Shri Marwari Khatri Panchayat Ajmer v. Hemant Kumar @ J. Hemant Kumar Mehta S/O Shri Jawatmal Mehta

Rajasthan HC13 Feb 2019CW/3418/2019

Case brief

AI extract

What is this about?

This high court order dismissed an eviction application filed by the petitioner before the Rent Tribunal, Ajmer. The petitioner sought early disposal citing Section 15(5) of the Rent Control Act. The single judge directed the Tribunal to expedite the proceedings and decide the matter within twelve months, relying on the Supreme Court judgment in Hameed Kunju.

What did the court decide?

The Rent Tribunal, Ajmer is directed to expedite the hearing and conclude the eviction proceedings instituted by the petitioner within twelve months.

Shri Marwari Khatri Panchayat Ajmer Vs Hemant Kumar @… — Landlord and Tenant | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 3418/2019

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Shri Marwari Khatri Panchayat Ajmer

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----Petitioner

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Versus

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Hemant Kumar @ J. Hemant Kumar Mehta S/o Shri Jawatmal Mehta

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----Respondent

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For Petitioner(s) : Mr. Om Prakash Arora, representative of the petitioner For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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13/02/2019

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All that has been prayed in the instant writ application is for early disposal/decision of the proceedings instituted by the petitioner vide eviction application number 73/2009, before the Rent Tribunal, Ajmer.

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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, Ajmer, is directed to decide the eviction proceedings instituted by the petitioner in the year 2009, within a time frame.

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Heard and considered.

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[CW-3418/2019]

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(2 of 2)

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

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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, Ajmer, 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 twelve 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 application stands disposed off.

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(VEERENDR SINGH SIRADHANA),J

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Pooja/117

Shri Marwari Khatri Panchayat Ajmer v. Hemant Kumar @ J. Hemant Kumar Mehta S/O Shri Jawatmal Mehta

Case brief

What is this about?

What did the court decide?

Shri Marwari Khatri Panchayat Ajmer v. Hemant Kumar @ J. Hemant Kumar Mehta S/O Shri Jawatmal Mehta

Case brief

What is this about?

What did the court decide?

What the court decided

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