Disposed

Kailash Narayan Pareek, S/O Late Suraj Narayan Pareek v. Virendra Kumar Jain, S/O Shree Radhelal Jain

Rajasthan HC28 Nov 2022CW/3523/2022

Case brief

AI extract

What is this about?

This order allows the petitioners' application for early listing. The High Court grants a direction to the Rent Tribunal to decide the pending eviction petition within one year, citing the Supreme Court's directive on speedy disposal of eviction cases.

What did the court decide?

Direction to the Rent Tribunal to decide Eviction Petition No.43/2019 within one year.

Kailash Narayan Pareek, S/O Late Suraj Narayan Pareek… — Landlord and Tenant | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 3523/2022

¶3

Kailash Narayan Pareek, S/o Late Suraj Narayan Pareek, Aged About 90 Years, Resident Of Plot No 299, Torda House, Kishanpol Bazar, Jaipur.

¶4

Siddharth Pareek, S/o Late Aditya Pareek, Aged About 54 Years, Resident Of Plot No 299, Torda House, Kishanpol Bazar, Jaipur.

¶5

Amit Narayan Pareek, S/o Late Gopal Narayan Pareek, Aged About 77 Years, Resident Of Plot No 299, Torda House, Kishanpol Bazar, Jaipur.

¶6

Alok Pareek, S/o Late. Prem Narayan Pareek, Aged About 58 Years, Resident Of Plot No 299, Torda House, Kishanpol Bazar, Jaipur.

¶7

Anshul Pareek, S/o Late Akhilesh Narayan Pareek, Aged About 45 Years, Resident Of Plot No 299, Torda House, Kishanpol Bazar, Jaipur.

¶8

----Petitioners

¶9

Versus

¶10

Virendra Kumar Jain, S/o Shree Radhelal Jain, Aged About 69 Years, R/o256-257, Nirman Nagar-A, Ajmer Road, Jaipur.

¶11

Rajendra Kumar Jain, S/o Shree Radhelal Jain, Aged About 76 Years, R/o 783 Bandwalo Ka Darwaza, Chaura Rasta, Jaipur

¶12

Tara Devi, W/o Late Premchand Jain, Aged About 67 Years, Partnership Firm M/s Moolchand Radhelal And Co., Address 64, 65, Kailashpuri, Tonk Road, Jaipur

¶13

M/s Moolchand Radhelal Partnership Firm, Through Partner Sumitra Devi, W/o Late Mahendra Kumar Jain, Age 69, Resident Of 151, Gomez Defence Colony, Vaishali Nagar, Jaipur

¶14

M/s Moolchand Radhelal Partnership Firm, Through Partner Virendar Kumar Jain, S/o Radelal Jain, Age 69, Resident Of 299, Torda House Kishanpole Bazar, Jaipur.

¶15

----Respondents

¶16

For Petitioner(s) : Mr. Aman Pareek For Respondent(s) :

¶17

(2 of 2)

¶18

[CW-3523/2022]

¶19

HON'BLE MR. JUSTICE INDERJEET SINGH Order

¶20

28/11/2022

¶21

Application for early listing is allowed.

¶22

The instant writ petition has been filed by the petitioners with the prayer to direct the Rent Tribunal, Additional Chief Metropolitan No.1, Jaipur to decide the Eviction Petition No.43/2019 expeditiously.

¶23

Counsel for the petitioners submitted that the eviction petition is pending before the Rent Tribunal, Additional Chief Metropolitan No.1, Jaipur since 2019 and the same may be directed to be decided expeditiously.

¶24

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

¶25

611 , wherein it has been held as under:-

¶26

“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.

¶27

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.“

¶28

In that view of the matter, the writ petition is disposed of with

¶29

a direction to the Rent Tribunal, Additional Chief Metropolitan No.1, Jaipur to decide the Eviction Petition No.43/2019 preferably within a period of one year.

¶30

(INDERJEET SINGH),J

¶31

JYOTI /25

Kailash Narayan Pareek, S/O Late Suraj Narayan Pareek v. Virendra Kumar Jain, S/O Shree Radhelal Jain

Case brief

What is this about?

What did the court decide?

Kailash Narayan Pareek, S/O Late Suraj Narayan Pareek v. Virendra Kumar Jain, S/O Shree Radhelal Jain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sawhney Electricles Works Vs Rajasthan Housing Board

Ishika Bhashani W/O Shri Johnny Bhashani Vs Sumedilal Jain S/O Laxmichand Jain

Deep Chand Bansal S/O Late Shri Tara Chand Ji Agarwal Vs Jugal Kishore Sharma S/O Shri Vishnu Prasad Sharma

Ramakant Sharma S/O Shri Maliram Sharma Vs Additional Food Commissioner

Mushtaq Son of Late Shri Yusuf Vs Shabbu Ahmed Son of Shri Shabbir

Kamlesh Kumar Manubhai Ramoliya Vs Paresh Ajitkumar Kapoor