Disposed

Shyam Prakash Chaturvedi Son of Late Shri Jagdish Prasad v. M/S Ashoka Tent House

Rajasthan HC16 Aug 2024CW/3390/2024

Case brief

AI extract

What is this about?

Landlords sought time-bound conclusion of eviction proceedings under Section 9 of the Rajasthan Rent Control Act pending over two years. The petition was not pressed; the High Court directed the Tribunal to conclude proceedings within one year.

What did the court decide?

Tribunal directed to conclude eviction proceedings within one year; petitioner to submit certified copy within two weeks.

Shyam Prakash Chaturvedi Son of Late Shri Jagdish… — Landlord and Tenant | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3390/2024

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Shyam Prakash Chaturvedi Son Of Late Shri Jagdish Prasad, Resident Of Plot No. 7-L, Jijabai Marg, Shivaji Chowk, Bhrampuri, Jaipur. (Rajasthan)

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Om Prakash Chaturvedi Son Of Late Shri Jagdish Prasad, Resident Of Plot No. 7-L, Jijabai Marg, Shivaji Chowk, Bhrampuri, Jaipur. (Rajasthan)

¶5

Chandra Prakash Chaturvedi Son Of Late Shri Jagdish Prasad, Resident Of Plot No. 7-L, Jijabai Marg, Shivaji Chowk, Bhrampuri, Jaipur. (Rajasthan)

¶6

----Petitioners

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Versus

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M/s Ashoka Tent House, Through Partner Rajendra Kumar Khuteta Son Of Late Shri Damodar Prasad (Deceased During The Pendency Of The Eviction Petition) 1/1. Smt. Manju Devi W/o Late Shri Rajendra Kumar Khuteta, Resident Of Plot No. 2, Indrapuri Colony, Kamalkunj, Shivaji Chowk, Bhrampuri, Jaipur. 1/2. Ankur Khuteta Son Of Late Shri Rajendra Kumar Khuteta, Resident Of Plot No. 2, Indrapuri Colony, Kamalkunj, Shivaji Chowk, Bhrampuri, Jaipur. 1/3. Gourav Khuteta Son Of Late Shri Rajendra Kumar Khuteta, Resident Of Plot No. 2, Indrapuri Colony, Kamalkunj, Shivaji Chowk, Bhrampuri, Jaipur.

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M/s Ashoka Tent House, Through Partner Mahendra Kumar Khuteta Son Of Late Shri Damodar Prasad, Resident Of Plot No. 2, Indrapuri Colony, Kamalkunj, Shivaji Chowk, Bhrampuri, Jaipur. At Present Tenant North Facing Three Shops Situated Plot No. 7-L, Jijabai Marg, Bhrampuri Ka Khura, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Daulat Sharma

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

[CW-3390/2024]

(2 of 2)

16/08/2024

Learned counsel for the petitioners 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 March, 2022. Counsel submits that more than two years have already been passed. Relying upon the provisions of sub-section 5 of Section 15 of the Act, counsel submits that proceedings under Section 9 of the Act of 2001 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 more than two years, learned Tribunal is directed to conclude the proceedings within a period of one year from the date of receipt of certified copy of this order. The petitioner is directed to submit certified copy of this order before the Learned Tribunal within two weeks from today.

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With the aforesaid directions, this petition is disposed of.

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(ANIL KUMAR UPMAN),J

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ANAND TANWAR /125

Shyam Prakash Chaturvedi Son of Late Shri Jagdish Prasad v. M/S Ashoka Tent House

Case brief

What is this about?

What did the court decide?

Shyam Prakash Chaturvedi Son of Late Shri Jagdish Prasad v. M/S Ashoka Tent House

Case brief

What is this about?

What did the court decide?

What the court decided

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