Disposed

Smt. Malti Wife of Shri Vinod Katiyar v. Richpal Jangid Son of Shri Mamanram Jangid

Rajasthan HC10 Jul 2023CW/5600/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan, in an interim order, directed the Rent Tribunal to decide a pending eviction petition expeditiously within one year, relying on a Supreme Court precedent emphasizing priority for eviction cases involving bona fide needs.

What did the court decide?

Direction issued to the Rent Tribunal to decide Petition No.237/2019 preferentially within a period of one year.

Smt. Malti Wife of Shri Vinod Katiyar Vs Richpal… — Landlord and Tenant | Rajasthan HC (2023)

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2023:RJ-JP:13827

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5600/2023

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Smt. Malti Wife Of Shri Vinod Katiyar, Aged About 65 Years, Resident Of 63, Vishwamitra Nagar, Near Vaidh Ji Ka Chouraha, Murlipura, Jaipur, Rajasthan, Through Her Power Of Attorney Holder Shri Aadarsh Katiyar Son Of Shri Vinod Katiyar Aged About 46 Years, Resident Of 63, Vishwamitra Nagar, Near Vaidh Ji Ka Chouraha, Murlipura, Jaipur

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Aadarsh Katiyar Son Of Shri Vinod Katiyar, Aged About 46 Years, Resident Of 63, Vishwamitra Nagar, Near Vaidh Ji Ka Chouraha, Murlipura, Jaipur

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----Petitioners

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Versus

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Richpal Jangid Son Of Shri Mamanram Jangid, Resident Of 586, Pratap Nagar, Murlipura, Jaipur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Sandeep Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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10/07/2023

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The instant writ petition has been filed by the petitioners with the prayer to direct the learned Rent Tribunal No.1 (Additional Chief Civil Judge & Chief Metropolitan Magistrate Court No.1), Jaipur Metropolitan-I to decide the petition No.237/2019 expeditiously.

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Counsel for the petitioners submitted that the petition No.237/2019 is pending before the learned Rent Tribunal No.1 (Additional Chief Civil Judge & Chief Metropolitan Magistrate Court

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(2 of 2) [CW-5600/2023]

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No.1), Jaipur Metropolitan-I 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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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 learned Rent Tribunal No.1 (Additional Chief Civil Judge & Chief Metropolitan Magistrate Court No.1), Jaipur Metropolitan-I to decide the petition No.237/2019 preferably within a period of one year.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /130

Smt. Malti Wife of Shri Vinod Katiyar v. Richpal Jangid Son of Shri Mamanram Jangid

Case brief

What is this about?

What did the court decide?

Smt. Malti Wife of Shri Vinod Katiyar v. Richpal Jangid Son of Shri Mamanram Jangid

Case brief

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What did the court decide?

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