Rajasthan High Court - Jaipur
Teekamchand Bakliwal Son Of Shri ... vs Manish Soni Son Of Shri Radheshyam Soni on 5 February, 2020
Author: Prakash Gupta
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 20701/2019
Teekamchand Bakliwal Son Of Shri Jagdish Prasad, Aged About
59 Years, By Caste Chhipa, Resident Of 447/9, Opposite
Bhojanshala, Ajmer.
----Petitioner/Landlord
Versus
Manish Soni Son Of Shri Radheshyam Soni, By Caste Swarnkar,
Resident Of Gali No.2, Behind Kali Mandir, Near Shiv Mandir,
Shyam Nagar, Foysagar Road, Ajmer.
----Respondent/tenant
For Petitioner(s) : Mr. Amit Singh Shekhawat HON'BLE MR. JUSTICE PRAKASH GUPTA Order 05/02/2020 Instant writ petition under Article 227 of the Constitution of India has been filed with the prayer to direct the Rent Tribunal, Ajmer (hereinafter referred to as "the Rent Tribunal") for early disposal of the application No.25/2019, (Teekamchand Vs. Manish Soni) 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 an application seeking eviction under Section 9 of the "Act of 2001" on 21.02.2019. 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 yet the adjournments are being granted by the (Downloaded on 08/02/2020 at 09:01:05 PM) (2 of 2) [CW-20701/2019] 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 application No.25/2019 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.
(PRAKASH GUPTA),J Mohit37 (Downloaded on 08/02/2020 at 09:01:05 PM) Powered by TCPDF (www.tcpdf.org)