Allowed

Indersingh Dhar S/O Shri Harinarayan Dhar v. Girajprasad S/O Shri Moolchand Chipi

Rajasthan HC17 Jan 2020CW/876/2020

Case brief

AI extract

What is this about?

The High Court issued a writ under Article 227 to direct the Alwar Rent Tribunal to expeditiously decide a landlord's eviction application before the final court, mandating a completion within six months to prevent illegal adjournments.

What did the court decide?

Directed the Rent Tribunal, Alwar, to decide the original eviction application expeditiously within six months from the date of receipt of the certified copy of this order.

Indersingh Dhar S/O Shri Harinarayan Dhar… — Civil Procedure and Limitation | 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. 876/2020

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Indersingh Dhar S/o Shri Harinarayan Dhar, Aged About 67 Years, R/o Behind Town Hall, Near Shivalya Alwar

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----Petitioner/Landlord

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Versus

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Girajprasad S/o Shri Moolchand Chipi, R/o Village Roopbas Tehsile Alwar Shopkeeper Raj Food Store, Old Post Office Building, Church Road, Alwar District Alwar

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Mukesh S/o Shri Girajprasad, R/o Shantikunj, Shopkeeper Old Post Office Building, Church Road, Alwar

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----Respondents/Tenant

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For Petitioner(s) : Mr. Mohit Gupta

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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17/01/2020

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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, Alwar for early disposal of the Original Application No.1/2011 (Inder Singh Dhar Vs. Girajprasad) 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 seeking eviction under Section 9 of the “Act of 2001” on 23.12.2010. 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 party yet the adjournments are being granted by the Tribunal

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(2 of 2)

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[CW-876/2020]

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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, Alwar is, therefore, directed to decide the original application No.1/2011 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/21

Indersingh Dhar S/O Shri Harinarayan Dhar v. Girajprasad S/O Shri Moolchand Chipi

Case brief

What is this about?

What did the court decide?

Indersingh Dhar S/O Shri Harinarayan Dhar v. Girajprasad S/O Shri Moolchand Chipi

Case brief

What is this about?

What did the court decide?

What the court decided

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