Allowed

M/S Gau Mata Housing Private Limited v. Shri Mahesh Chand Bansal S/O Shri Ramnarayan Bansal

Rajasthan HC12 Feb 2020CW/2512/2020

Case brief

AI extract

What is this about?

Under Article 227 of the Constitution of India, the High Court of Rajasthan Bench at Jaipur directed the Rent Tribunal, Ajmer, to expeditiously dispose of Original Application No.203/2013, filed as an eviction petition, within six months to prevent further unjustified adjournments.

What did the court decide?

Direction to decide Original Application No.203/2013 expeditiously but not later than six months from the date of receipt of the certified copy of this order.

M/S Gau Mata Housing Private Limited Vs Shri Mahesh… — Landlord and Tenant | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2512/2020

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M/s Gau Mata Housing Private Limited, Ajmer Through Its Director Shri Rajeev Sharma S/o Late Shri Prabhakar Sharma, Resident Of E 164, Shastri Nagar, Main Road, Ajmer.

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----Petitioner

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Versus

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Shri Mahesh Chand Bansal S/o Shri Ramnarayan Bansal, Caste Agarwal, Resident Of 11, Shanti Villa, Near Government Women College Hostel, Haribhau Upadhyay Nagar (Extension), Pushkar Road, Ajmer.

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----Respondent

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For Petitioner(s) : Mr. Dilip Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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12/02/2020

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Instant writ petition under Article 227 of the Constitution of India has been filed with the prayer to direct the Rent Tribunal, Ajmer (hereinafter referred to as “the Rent Tribunal”) for early disposal of the Original Application No.203/2013, (M/s. Gaumata Housing Private Limited Vs. Mahesh Chand) filed under the provisions of Rajasthan Rent Control Act, 2001 (hereinafter referred to as `the Act of 2001').

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Learned counsel for the petitioner submits that the petitioner filed original application for eviction under Section 9 of the “Act of 2001” on 26.11.2013. Learned counsel further submitted that the “Act of 2001” provides for disposal of eviction petition within 240 days from the service of notice on the opposite

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(2 of 2)

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[CW-2512/2020]

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party yet the adjournments are being granted by the Tribunal without just cause which is detrimental to the petitioner’s interest. Learned counsel has also referred Section 21(4) of the “Act of 2001”, which is reproduced as under:-

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"21(4) Rent Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing."

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Having regard to the submissions made by the learned counsel for the petitioner and after perusal of the material available on record as also the provisions of the ‘Act of 2001’, this Court finds that the prayer sought for is reasonable. The Rent Tribunal is, therefore, directed to decide the Original Application No.203/2013 filed by the petitioner expeditiously but not later than six months from the date of receipt of certified copy of this order.

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The writ petition is allowed accordingly.

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(PRAKASH GUPTA),J

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Mohit/146

M/S Gau Mata Housing Private Limited v. Shri Mahesh Chand Bansal S/O Shri Ramnarayan Bansal

Case brief

What is this about?

What did the court decide?

M/S Gau Mata Housing Private Limited v. Shri Mahesh Chand Bansal S/O Shri Ramnarayan Bansal

Case brief

What is this about?

What did the court decide?

What the court decided

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