Disposed

Sobhagmal Sakhlecha S/O Late Shri Mangal Chand Ji Sakhlecha v. Sh. Kanhiyalal @ Kana S/O Sh. Jagdish Kansara (Thathera)

Rajasthan HC24 Nov 2022CW/1851/2022

Case brief

AI extract

What is this about?

The court directed the Rent Tribunal, Ajmer to decide a pending original rent application expeditiously, relying on Supreme Court observations regarding the speedy disposal of eviction cases.

What did the court decide?

Direction to Rent Tribunal, Ajmer to decide Original Rent Application No.75/2020 preferably within a period of one year.

Sobhagmal Sakhlecha S/O Late Shri Mangal Chand Ji… — 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. 1851/2022

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Sobhagmal Sakhlecha S/o Late Shri Mangal Chand Ji Sakhlecha, Aged About 76 Years, R/o Amc No. 388/4, Sakhlecha Bhawan, Lakhan Kotri, Dargah Bajar, Ajmer.

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----Petitioner

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Versus

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Sh. Kanhiyalal @ Kana S/o Sh. Jagdish Kansara (Thathera), Aged About 38 Years, R/o Gajmal Gali, Naya Bazar, Ajmer.

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----Respondent For Petitioner(s) : Mr. R.B. Sharma Ganthola For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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24/11/2022

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The instant writ petition has been filed by the petitioners with the prayer to direct the Rent Tribunal, Ajmer to decide the Original Rent Application No.75/2020 expeditiously.

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Counsel for the petitioners submitted that the application is pending before the Rent Tribunal, Ajmer since 2020 and the same may be directed to be decided expeditiously.

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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-1851/2022]

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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 Original Rent Application No.75/2020 preferably within a period of one

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year.

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(INDERJEET SINGH),J

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JYOTI /118

Sobhagmal Sakhlecha S/O Late Shri Mangal Chand Ji Sakhlecha v. Sh. Kanhiyalal @ Kana S/O Sh. Jagdish Kansara (Thathera)

Case brief

What is this about?

What did the court decide?

Sobhagmal Sakhlecha S/O Late Shri Mangal Chand Ji Sakhlecha v. Sh. Kanhiyalal @ Kana S/O Sh. Jagdish Kansara (Thathera)

Case brief

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What did the court decide?

What the court decided

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