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Justice Prakash Gupta allowed a writ petition under the provisions of Article 227 of the Constitution of India.
In the present case the petitioner had filed for an eviction application based on the provisions of Section 9 of the Rajasthan Rent Control Act, 2001 on26/04/2018. The aforementioned Act stipulates for the disposal of the of the eviction petition within a span of 240 days from the presenting of notice to the opposite party. It was also submitted to the Court that the Tribunal had given unjustified adjournments to the opposite party which was derogatory to the rights of the petitioner. The counsel for the petitioner submitted o the Court that according to the provisions laid down in the Section 21(4) of the Rajasthan Rent Control Act, 2001, the Rent Tribunal would not grant adjournments without proper written application. The Tribunal, in case an adjournment was awarded, would provide written record of the reason for doing so. None of these directions had been followed by the Tribunal.
The Court after hearing the matter and considering the contentions put forward, allowed the petition. The HC stated, “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, Jaipur Metropolitan, Jaipur is, therefore, directed to decide the eviction application filed by the petitioner expeditiously but not later than nine months from the date of receipt of certified copy of this order.”
Alimuddin v. Dilip Shah, S.B. Civil Writ Petition No. 21781 of 2019
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