Rajasthan High Court - Jodhpur
Late K.K. Vyas Son Of Shri Laxmikant Vyas vs Udit Chandra Soni on 4 February, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17113/2021
Late K.K. Vyas Son Of Shri Laxmikant Vyas, Through His
Legal Representative -
1. Himanshu Vyas S/o Late Shri K.K. Vyas, Aged About 50
Years, By Caste Brahmin, Resident Of House No. 7,
Bhagat Ki Kothi, Jodhpur (Rajasthan)
----Petitioner/s
Versus
Udit Chandra Soni S/o Shri Harish Chandra Soni, By Caste Sunar,
Resident Of Sunaron Ka Bas, Near Shahpura School, Jodhpur
----Respondent
For Petitioner(s) : Ms. Sweta Purohit
Mr. Sharadrad Vyas
For Respondent(s) :
HON'BLE DR. JUSTICE NUPUR BHATI
Order 04/02/2023
1. The petitioner-landlord has preferred this writ petition under Article 227 of the Constitution of India seeking direction against the Rent Tribunal, Jodhpur Metropolitan to decide his Rent Petition No.24/2018 titled as "K.K. Vyas Vs. Udit Chandra Soni"
expeditiously.
2. It is, inter-alia, averred in the petition that the petition for eviction filed by him is pending since 2018 before Rent Tribunal, Jodhpur Metropolitan. The petition under Section 9 (a) & (i) read with Section 22-A of the Rajasthan Rent Control Act, 2001 (for short, 'Act') is precisely founded on reasonable and bona fide necessity. It is also pleaded in the petition that respondent-tenant is prolonging the matter on one pretext or other and, therefore, it would be just and appropriate to issue necessary direction for expeditious disposal of the case.
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(2 of 2) [CW-17113/2021]
3. I have considered the submissions.
4. Under Section 15 of the Act of 2001, the procedure for eviction of tenant is prescribed and sub-section (5) of Section 15 envisages as under:-
15. Procedure for eviction of tenant,
1...
2...
3...
4...
5. - The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than one hundred and eighty days from the date of service of notice on the tenant. The petition shall be disposed of within a period of two hundred and forty days from the date of service of notice on the tenant.
5. The basic object of Section 15 is to decide the petition for eviction under Section 9 of the Act of 2001 expeditiously. As in the instant matter, the petition is pending for last more than five years, it would be just and appropriate to dispose of this petition with the expectation that the learned Rent Tribunal, Jodhpur Metropolitan shall proceed for the trial of eviction petition with promptitude and dispose of the same at the earliest preferably within a period of two hundred and forty days from today.
6. Stay petition and all pending applications, if any, stand disposed of accordingly.
(DR.NUPUR BHATI),J 3-amit/-
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