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Judgment
This petition has been filed with the prayer to direct
the Rent Tribunal, Kota to decide at an early date the eviction
application No.R-135/2011, Smt. Sosar Bai Versus Arvind
Kumar & Ors. 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
Section 9 of the 2001 Act in the year 2011. After service,
counsel for the non applicants appeared and the case is still
pending at the stage of petitioner-landlord''s evidence.
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 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-applicants-tenants resort 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 six 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.