Disposed

Chand Kanwar W/O Shri Pratap Singh Rathore v. M/S Fitness One

Rajasthan HC11 Aug 2025CW/11905/2025

Case brief

AI extract

What is this about?

Writ petition seeking direction to the Rent Tribunal to decide an eviction application under Section 9 of the Rent Control Act, 2001, pending since 2014 and at the stage of final arguments. The High Court disposed of the petition directing expeditious decision within two months.

What did the court decide?

Direction to Rent Tribunal to decide eviction application No. 726/2014 within two months from receipt of certified copy; pending applications disposed of.

Chand Kanwar W/O Shri Pratap Singh Rathore Vs M/S… — Landlord and Tenant | Rajasthan HC (2025)

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[2025:RJ-JP:31026]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 11905/2025

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Chand Kanwar W/o Shri Pratap Singh Rathore, R/o 454, Nemisagar Colony, Vaishali Nagar, Jaipur Through Power Of Attorney Holder Shri Pratap Singh Rathore S/o Shri Anand Singh Rathore Age- 63 Years R/o 454, Nemisagar Colony, Vaishali Nagar, Jaipur

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----Petitioner

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Versus

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M/s Fitness One, Plot No. 16-19, Bhaan Nagar, Queens Road, Jaipur, Through Partner Shri Tarachand Motwani And Shri Gaurav Motwani Both S/o Shri Seerumal Motwani, R/o 5A Basant Vihar Colony, Gopalpura Bypass Road, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Vikram Pratap Singh Ms. Kanika Wadhwani

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JUSTICE ANOOP KUMAR DHAND Order

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11/08/2025

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For a limited prayer, this writ petition has been preferred for seeking direction to the Rent Tribunal, Jaipur Metropolitan, Jaipur to decide the rent eviction application No. 726/2014 within a time frame.

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Counsel for the petitioner submits that an application under Section 9 of the Rent Control Act, 2001 (for short, ‘the Act of 2001’) was submitted by the petitioner against the respondent way back in the year 2014 and inspite of passing of considerable time, till date, the application has only reached the stage of cross-examination. Counsel submits that the case is pending for final arguments since November 2023 thereafter several dates have been posted for the aforesaid purpose and even the final arguments have been heard but till date, the eviction application submitted by the petitioner has not been decided by the Tribunal.

[2025:RJ-JP:31026]

[CW-11905/2025]

(2 of 2)

Counsel submits that on the last occasion when the matter was listed before the Tribunal i.e. on 02.07.2025, an application was submitted by the other side for providing an opportunity to lead the evidence but the said application was rejected by the Tribunal by holding that already sufficient opportunities have been granted. Counsel submits that the sole object of the respondent is to delay the disposal of the eviction application, hence appropriate directions be issued to the Tribunal to decide the application expeditiously within a time frame.

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Heard and considered the submissions made at Bar and perused the material available on record. 4. Considering the arguments raised by counsel for the petitioner and looking to the fact that the eviction application submitted by the petitioner against the respondent under Section 9 of the Act of 2001 is lying pending since last more than eleven years i.e. 2014. The order sheets placed on record reflect that the matter was at the stage of final arguments and the same have been heard but not concluded.

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Keeping in view the above facts and circumstances of the present case, this Court deems it just and proper to dispose of the instant writ petition with expectation from the Tribunal to make all possible endeavours to decide the rent application expeditiously as early as possible within a period of two months from the date of receipt of the certified copy of this order.

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All pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/35

Chand Kanwar W/O Shri Pratap Singh Rathore v. M/S Fitness One

Case brief

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Chand Kanwar W/O Shri Pratap Singh Rathore v. M/S Fitness One

Case brief

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