Disposed

Lrs. of Late Narendra Kumar Johri v. Shri Dhanraj Chhajed

Rajasthan HC2 May 2024CW/6562/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan issued a writ direction mandating the Jodhpur Rent Tribunal to expedite proceedings and decide a pending eviction application within four months. The order was a short order disposing of the writ petition. A certified copy was quoted in the text. The judgment is a short order.

What did the court decide?

Direction to the Rent Tribunal, Jodhpur, to decide the pending eviction application within four months from the date of this order.

Lrs. of Late Narendra Kumar Johri Vs Shri Dhanraj… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JD:19031]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6562/2024

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Lrs. Of Late Narendra Kumar Johri, Through Legal Representatives-

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1/1. Richa Golia W/o Amit Golia, Aged About 42 Years, R/o Kesarwadi, Near Chandi Hall, Jodhpur.

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1/2. Kamna Mathur W/o Mahip Mathur, Aged About 49 Years, R/o 106, Staines Road Staines Tw 18 2St

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1/3. Mohit Nahata S/o Manoj Nahata, Aged About 27 Years, R/ o 62- Sushil Nagar New Pali Road Near Bhagat Ki Kothi, Railway Staton, Jodhpur.

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1/4. Mridula Khiwasara W/o Rakesh Khiwasara, Aged About 53 Years, R/o A-26, Pushpa Path, Uniara Garden, Jawahar Nagar Jaipur, Rajasthan.

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----Petitioners

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Versus

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Shri Dhanraj Chhajed S/o Shri Gajraj Chhajed, R/o Proprietor Shanti Products Shop No. 4, Chandan Market, Johri House, Moti Chowk, Jodhpur.

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----Respondent

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For Petitioner(s) : Mr. Ankur Mathur Mr. Harshwardhan Thanvi

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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02/05/2024

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Heard learned counsel for the petitioners.

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Learned counsel for the petitioners submits that petitioners have preferred eviction petition No.14/2014 titled as “ LRs of Narendra Kumar Johri Vs. ShrI Dhanraj Chhajed ” before the learned Rent Tribunal, Jodhpur. He submits that the application is pending before the Rent Tribunal since the year 2013 and the notices upon the respondent has been served. He further submits

[2024:RJ-JD:19031]

[CW-6562/2024]

(2 of 2)

that despite the respondent having been served, the matter is not being decided by the Tribunal. He further submits that as per Section 15(5) of the Rajasthan Rent Control Act, 2001, any application filed before the Tribunal has to be finally decided within a period of 240 days from the date of service of notice upon the tenant. He, therefore, prays that the learned Rent Tribunal may be directed to decide the aforesaid application at the earliest convenience.

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In view of the above, it is clear that in the application preferred by the plaintiffs-petitioners, the service of notice upon the respondent is complete and the matter is still pending consideration and the same has not been decided by the Rent Tribunal so far. It is the mandate of law that such applications are to be decided within a period of 240 days from the date of service of notice upon the respondent.

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In these circumstances, the learned Rent Tribunal, Jodhpur is directed to expedite the proceedings by giving shorter dates and decide the application at the earliest, preferably within a period of four months from the date of receipt of a certified copy of this order.

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With the aforesaid direction, the present writ petition is disposed of. Stay application as well as all other pending applications, if any, also stand disposed of.

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(DR.NUPUR BHATI),J

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surabhii/449-

Lrs. of Late Narendra Kumar Johri v. Shri Dhanraj Chhajed

Case brief

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Lrs. of Late Narendra Kumar Johri v. Shri Dhanraj Chhajed

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