Disposed

Dilip Kumar Verma Son of Surendra Singh Verma v. Shyam Bihari Swarnkar Son of Jagan Prasad Swarnkar

Rajasthan HC23 Nov 2022CW/4820/2019

Case brief

AI extract

What is this about?

A writ petition challenging the delay in disposal of an eviction petition filed before the Rent Tribunal, Jaipur. The single-judge High Court issued a direction for speedy disposal within one year, relying on Supreme Court precedent.

What did the court decide?

Direction to the Rent Tribunal, Ajmer to decide eviction petition No.34/2012 preferably within one year.

Dilip Kumar Verma Son of Surendra Singh Verma Vs Shyam… — 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. 4820/2019

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Dilip Kumar Verma Son Of Surendra Singh Verma, By Caste Sunar, Resident Of House No. 49/27 (Old) 69/27 (New), Imali Vali Gali, Jonsganj, Ajmer.

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----Petitioner

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Versus

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Shyam Bihari Swarnkar Son Of Jagan Prasad Swarnkar, By Caste Sunar, Resident Of House No. 49/27 (Old) 69/27 (New), Imali Vali Gali, Jonsganj, Ajmer.

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For Petitioner(s) : Mr. Alok Chaturvedi with Mr. S. Sharma. For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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23/11/2022

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The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Jaipur to decide the eviction petition No.34/2012(31/2012) expeditiously.

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Counsel for the petitioner submitted that the petition is pending before the Rent Tribunal, Jaipur since 2012. Counsel further submits that according to the scheme of Rent Control Act, 2001, the eviction petition has to be decided within a period of 240 days.

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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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(2 of 2)

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[CW-4820/2019]

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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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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 petition No.34/2012 (31/2012) preferably within a period of one year.

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(INDERJEET SINGH),J

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MG/118

Dilip Kumar Verma Son of Surendra Singh Verma v. Shyam Bihari Swarnkar Son of Jagan Prasad Swarnkar

Case brief

What is this about?

What did the court decide?

Dilip Kumar Verma Son of Surendra Singh Verma v. Shyam Bihari Swarnkar Son of Jagan Prasad Swarnkar

Case brief

What is this about?

What did the court decide?

What the court decided

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