Rajasthan High Court - Jaipur
Dr Praveen Gupta vs Naveen Sharma on 24 July, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.11425/2017
Dr. Praveen Gupta Son of Shri R.C. Gupta, Aged About 61 Years,
Resident of 1-B-5 Sukhadia Nagar, Srigangangar.
----Petitioner
Versus
Naveen Sharma Son of Shri Murlidhar Sharma, Residing At 4/168,
S.F.S. Agarwal Farm, Mansarovar Scheme, Jaipur.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Jai Raj Tantia.
_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 24/07/2017 This petition has been filed with the prayer to direct the Rent Tribunal, Jaipur to decide at an early date the eviction application No.30/2011, Dr. Praveen Kumar Gupta Vs. Naveen Sharma 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, 14 and 15 of the 2001 Act on 15-12-2010. After service, counsel for the non applicant appeared and filed reply. Thereafter the Rent Tribunal framed the issues on 01.08.2013 and the evidence of the landlord is completed. The matter is still pending and has now been stalled on various grounds. 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 (2 of 2) [CW-11425/2017] 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.
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 and in any event not later than four months from the date of receipt of the certified copy of this order. 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.
Himanshu Soni
30.