Disposed

Ishika Bhashani W/O Shri Johnny Bhashani v. Sumedilal Jain S/O Laxmichand Jain

Rajasthan HC25 Nov 2022CW/17377/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan issued a direction to the Rent Tribunal, Ajmer, to decide the pending eviction application filed by the petitioner by the petitioner within a period of two months. The court relied on Supreme Court precedent mandating speedy disposal of eviction cases involving bona fide need.

What did the court decide?

Direction to the Rent Tribunal, Ajmer to decide the pending eviction application within two months.

Ishika Bhashani W/O Shri Johnny Bhashani Vs Sumedilal… — Landlord and Tenant | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 17377/2022

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Ishika Bhashani W/o Shri Johnny Bhashani, Aged About 40 Years, R/o 5-6, Near Miyani Hospital Sindhuwadi, Ashaganj, Ajmer.

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----Petitioner

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Versus

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Sumedilal Jain S/o Laxmichand Jain, Aged About 74 Years, R/o Parshwanath Colony, Daulat Bagh Chauraha, Ajmer.

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----Respondent

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For Petitioner(s) : Mr. Harshit Mittal For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH Order

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25/11/2022

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The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Ajmer to decide the Eviction Application No.34/2020 expeditiously.

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Counsel for the petitioner submitted that the Eviction Application is pending before the Rent Tribunal, Ajmer and the same may be directed to decide expeditiously.

¶13

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.

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(2 of 2)

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[CW-17377/2022]

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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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In that view of the matter, the writ petition is disposed of with a direction to the Rent Tribunal, Ajmer to decide the Eviction Application No.34/2020 preferably within a period of one year.

¶19

(INDERJEET SINGH),J

¶20

Upendra Pratap Singh /123

Ishika Bhashani W/O Shri Johnny Bhashani v. Sumedilal Jain S/O Laxmichand Jain

Case brief

What is this about?

What did the court decide?

Ishika Bhashani W/O Shri Johnny Bhashani v. Sumedilal Jain S/O Laxmichand Jain

Case brief

What is this about?

What did the court decide?

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