Disposed

Sh. Ram Singh S/O Late Sh. Naray Singh v. Sh. Om Prakash Sharma S/O Late Sh. Ramnath Ji Khandal

Rajasthan HC12 Jul 2023CW/7145/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking an order for the expedited disposal of a pending eviction case before the Rent Tribunal, Jaipur Metropolitan, directing the tribunal to decide the matter within one year.

What did the court decide?

Direction to the Rent Tribunal, Jaipur Metropolitan, to decide case No.361/2016 preferably within one year.

Sh. Ram Singh S/O Late Sh. Naray Singh Vs Sh. Om… — Execution and Attachment | Rajasthan HC (2023)

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( 2023:RJ-JP:14084 )

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7145/2023

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Sh. Ram Singh S/o Late Sh. Naray Singh, Aged About 83 Years, R/o Plot No. 1, New Colony, Singh Bhumi, Jaipur, Rajasthan Through Power Of Attorney Sh. Narendra Singh S/o Sh. Ram Singh, Aged About 50, Plot No. 1, New Colony, Singh Bhumi, Jaipur, Rajasthan.

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----Petitioner

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Versus

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Sh. Om Prakash Sharma S/o Late Sh. Ramnath Ji Khandal, Aged About 64 Years, Proprietor Ganpati Cycle Gallery, Plot No. 1, New Colony, Singh Bhumi, Jaipur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Nishant Vyas. For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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12/07/2023

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Defect(s) pointed out by the office are waived.

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The instant writ petition has been filed by the petitioner with the prayer to direct the Rent Tribunal, Jaipur Metropolitan, Jaipur to decide the case No.361/2016 expeditiously.

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Counsel for the petitioner submitted that the petition is pending before the Rent Tribunal, Jaipur Metropolitan, Jaipur since 2016. 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

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(2 of 2)

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[CW-7145/2023]

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Kunju vs. Nazimin , reported in (2017) 8 Supreme Court

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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. 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, Jaipur Metropolitan, Jaipur to decide the case No.361/2016 preferably within a period of one year.

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(INDERJEET SINGH),J

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MG/01

Sh. Ram Singh S/O Late Sh. Naray Singh v. Sh. Om Prakash Sharma S/O Late Sh. Ramnath Ji Khandal

Case brief

What is this about?

What did the court decide?

Sh. Ram Singh S/O Late Sh. Naray Singh v. Sh. Om Prakash Sharma S/O Late Sh. Ramnath Ji Khandal

Case brief

What is this about?

What did the court decide?

What the court decided

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