Rajasthan High Court - Jaipur
Mohammad Iqbal S/O Late Shri Zahoor ... vs Dilip Parwani S/O Shri Permanand on 6 February, 2020
Author: Prakash Gupta
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2117/2020
Mohammad Iqbal S/o Late Shri Zahoor Mohammad, Aged About
63 Years, By Caste Muslim, R/o H.no. 4, Darbar Colony, Delhi By
Pass Road, Jaipur.
----Petitioner/Landlord
Versus
Dilip Parwani S/o Shri Permanand, M/s Rahul Traders, Shop No.
18, Swadesh Market, Shardul Singh Nal, Gangauri Bazar, Jaipur.
----Respondent/Tenant
For Petitioner(s) : Mr. Mamoon Khalid
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
06/02/2020
Instant writ petition under Article 227 of the
Constitution of India has been filed with the prayer to direct the Rent Tribunal No.3, Jaipur Metropolitan, Jaipur (Senior Civil Judge (SD) and Additional Chief Metropolitan Magistrate, Jaipur (hereinafter referred to as "the Rent Tribunal") for early disposal of the Eviction Petition No.160/2019 (Old No.706/2018), (Mohammad Iqbal Vs. Dilip Parwani) filed under the provisions of Rajasthan Rent Control Act, 2001 (hereinafter referred to as `the Act of 2001').
Learned counsel for the petitioner submits that the petitioner/landlord filed eviction petition under Section 9 of the "Act of 2001" on 23.10.2018. Learned counsel further submitted that the "Act of 2001" provides for disposal of eviction petition within 240 days from the service of notice on the opposite party (Downloaded on 13/02/2020 at 09:00:37 PM) (2 of 2) [CW-2117/2020] yet the adjournments are being granted by the Tribunal without just cause which is detrimental to the petitioner's interest. Learned counsel has also referred Section 21(4) of the "Act of 2001", which is reproduced as under:-
"21(4) Rent Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing."
Having regard to the submissions made by the learned counsel for the petitioner and after perusal of the material available on record as also the provisions of the 'Act of 2001', this Court finds that the prayer sought for is reasonable. The Rent Tribunal is, therefore, directed to decide the Eviction Petition No.160/2019 (Old No.706/2018) filed by the petitioner expeditiously but not later than one year from the date of receipt of certified copy of this order.
The writ petition is allowed accordingly.
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