Disposed

Shri Rajesh Gulkhandiya S/O Shri Janwarilal Gulkhandiya v. Shri Giriraj Alias Shanu S/O Late Shri Ramdas

Rajasthan HC25 Nov 2022CW/3581/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought a direction to the Rent Tribunal, Ajmer, to decide a pending eviction case expeditiously relying on Supreme Court precedent to ensure speedy disposal of landlord-tenant evictions for bona fide needs.

What did the court decide?

Direction to the Rent Tribunal, Ajmer to decide the Rent Case No.13/2019 preferably within a period of one year.

Shri Rajesh Gulkhandiya S/O Shri Janwarilal… — Landlord and Tenant | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3581/2022

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Shri Rajesh Gulkhandiya S/o Shri Janwarilal Gulkhandiya, Aged About 53 Years, R/o 13/437, Naya Bazar, Ajmer.

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----Petitioner

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Versus

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Shri Giriraj Alias Shanu S/o Late Shri Ramdas, Aged About 45 Years, Through Shree Jai Bharat Timber Mart Trading, Opposite Union Bank Atm, Naya Bazar, Ajmer.

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----Respondent

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For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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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 Rent Case No.13/2019 expeditiously.

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

¶14

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) [CW-3581/2022]

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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 Rent Case No.13/2019 preferably within a period of one year.

¶19

(INDERJEET SINGH),J

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Upendra Pratap Singh /109

Shri Rajesh Gulkhandiya S/O Shri Janwarilal Gulkhandiya v. Shri Giriraj Alias Shanu S/O Late Shri Ramdas

Case brief

What is this about?

What did the court decide?

Shri Rajesh Gulkhandiya S/O Shri Janwarilal Gulkhandiya v. Shri Giriraj Alias Shanu S/O Late Shri Ramdas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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