High CourtsSingle Bench(2020) 02 RAJ CK 0662

Mohammad Iqbal vs Dilip Parwani

Rajasthan High Court · Decided on 6 February 2020

HON’BLE JUDGES
Prakash Gupta, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 2117 Of 2020

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Judgment

14 paragraphs · 262 words

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 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.