Rajasthan High Court - Jaipur
Shri Sunil Sethi vs Shri Rajeev Verma on 17 August, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.12937/2017
Shri Sunil Sethi S/o Shri Prakash Chand Sethi, Aged About 49
Years, R/o 15, Parshavnath Colony, Near Daulat Bagh, Ajmer.
----Petitioner
Versus
Shri Rajeev Verma S/o Shri Kiran Kumar Verma, Through Rangoli
Color Lab and Photoshop, Sethi Sadan, Mahaveer Circle, Favarrah
Chauraha, Ajmer.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Rahul Agarwal.
_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 17/08/2017 This petition has been filed with the prayer to direct the Rent Tribunal Ajmer to decide at an early date the eviction application No.56/2016, Sunil Sethi vs. Rajeev Verma filed under the provisions of Rent Control Act, 2001 (hereinafter `2001 Act').
Counsel for the petitioner submits that the petitioner applicant-landlord filed eviction application under Sections 9 & 15 of the 2001 Act on 9-5-2016. After service, counsel for the non applicant appeared and filed reply on 1-7-2016. Thereafter the case is still pending. Counsel submitted that Section 15(5) of the 2001 Act provides for disposal of eviction application within 240 days from service of notice on opposite party. Reference has been made to Section 21(4) of the 2001 Act which provides that adjournment by the Rent Tribunal can be granted only on an application in writing therefor decided by a reasoned order. Yet adjournments are granted on the mere askance. And the non- applicant-tenant resorts to frivolous applications to stall the progress in the eviction petition.
(2 of 2) [CW-12937/2017] Having heard learned counsel for the petitioner, and perused the material available on record as also the provisions of the 2001 Act, I find that the prayer sought for is reasonable. The Rent Tribunal is directed to expeditiously decide the application filed by the petitioner. In the process, the provisions of Section 21(4) of the 2001 Act be adhered to. It is further directed that in the event of filing of frivolous application the same be decided on the same day or the following day by a reasoned and speaking order, and when necessary cost be also imposed as a measure of regulation of court proceedings.
The writ petition stands allowed accordingly.
(ALOK SHARMA) J.
Karan