Disposed

Kailash Chand Jain S/O Late Shri Ghasilal Ji Rana v. Shri Abdul Aziz S/O Late Shri Azim Baksh Grandson of Late Shri Karim Baksh

Rajasthan HC20 Aug 2024CW/13404/2024

Case brief

AI extract

What is this about?

Petition seeking direction to the learned Tribunal to conclude pending Section 9 proceedings under Rajasthan Rent Control Act, 2001 within one year relying on Section 15(5). Court directed Tribunal to conclude proceedings within two weeks of receiving certified copy of this order.

What did the court decide?

Tribunal directed to conclude proceedings within one year from receipt of certified copy of this order.

Kailash Chand Jain S/O Late Shri Ghasilal Ji Rana Vs… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:35102]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13404/2024

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Kailash Chand Jain S/o Late Shri Ghasilal Ji Rana, Aged About 63 Years, Resident Of House No. 440, Rana Bhawan, Nataniyon Ka Rasta, Lal Ji Sand Ka Rasta, Tripoliya Bazaar, Jaipur At Present Resident Of 56, Bhagwati Nagar First, Kartarpura, Jaipur (Raj.)

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----Petitioner

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Versus

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Shri Abdul Aziz S/o Late Shri Azim Baksh Grandson Of Late Shri Karim Baksh, Aged About 61 Years, Present Tenant At House No. 347, Bakshi Ji Ka Chowk, Mehandiyon Ka Chowk, Chokri Ghat Darwaja, Ramganj Bazaar, Jaipur. Resident Of 506, Namak Ki Mandi, Kishanpole Bazaar, Jaipur (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Hitesh Jain For Respondent(s) :

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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20/08/2024

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Learned counsel for the petitioner does not press this petition. Alternatively, counsel submits that he would be satisfied if trial court is directed to conclude the proceedings at the earliest. He submits that application under Section 9 of Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001” for brevity) has been filed in August 2023. Counsel submits that one year has already been passed. Presently, case is pending for recording evidence of the parties. He further submits that notice of application under Section 9 of the Act of 2001 has been served upon respondent-tenant. Relying upon the provisions of subsection 5 of Section 15 of the Act, counsel submits that

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[2024:RJ-JP:35102]

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[CW-13404/2024]

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proceedings under Section 9 pending before learned Tribunal should be culminated within a period of 240 days from the date of service of notice on the tenant.

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Considering the provisions made under sub-section 5 of Section 15 and the period of pendency of litigation, which is about one year, learned Tribunal is requested to conclude the proceedings within a period of one year from the date of receipt of certified copy of this order.

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Petitioner is directed to submit certified copy of this order before learned Tribunal within a period of two weeks from today. With the aforesaid directions, this petition is disposed of.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /92

Kailash Chand Jain S/O Late Shri Ghasilal Ji Rana v. Shri Abdul Aziz S/O Late Shri Azim Baksh Grandson of Late Shri Karim Baksh

Case brief

What is this about?

What did the court decide?

Kailash Chand Jain S/O Late Shri Ghasilal Ji Rana v. Shri Abdul Aziz S/O Late Shri Azim Baksh Grandson of Late Shri Karim Baksh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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