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Judgment
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'').
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.
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.
The writ petition stands allowed accordingly.
