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Babu Lal Singhal S/o Sh. Prabhu Dayal Singhal vs Dilip Singh s/o Soni Singh

Rajasthan High Court · Decided on 7 March 2017 · Citation: (2017) 03 RAJ CK 0033

HON’BLE JUDGES
Alok Sharma
RESULT
Allowed
CASE NUMBER
1973 of 2017

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Judgment

27 paragraphs · 283 words
1.

This petition has been filed with the prayer to direct the

Appellate Rent Tribunal Alwar to decide at an early date the Appeal

No.225/2014, Dilip singh Vs. Babu Lal, filed under the provisions of

Rent Control Act, 2001 (hereinafter `2001 Act'').

2.

Counsel for the petitioner submits that the petitioner landlord

(hereinafter `the landlord'') filed an eviction application under

Section 9 of the 2001 Act before the Rent Tribunal Alwar on the

ground of default in payment of rent and bonafide necessity of the

tenanted premises for his son. The eviction petition was allowed on

7-3-2014 by the Rent Tribunal, Alwar. The tenant challenged the

said judgment by way of an appeal before the Appellate Rent

Tribunal. Appeal is now pending before the Appellate Rent Tribunal

Alwar and adjournments are being sought by the tenant and granted

for the asking.

3.

Having heard learned counsel for the petitioner, I find that the

prayer sought for is reasonable. The Appellate Rent Tribunal Alwar is

directed to expeditiously decide the appeal filed by the tenant and in

any event not later than three months from the next date fixed in the

appeal. In the process, the provisions of Section 19(8) of the 2001

Act be kept in consideration and albeit they are directory in nature,

yet the intent thereof is evidently for expedited disposal of appeal. It

is further directed that in the event of frivolous application/s being

filed before the Appellate Rent Tribunal, 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.

4.

The writ petition stands allowed accordingly.