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Judgment
This petition has been filed by the petitioner-applicant (hereafter the applicant') with the prayer to expeditiously decide the Application No.232/2008
(1550/2004) titled Bhagchand Vs. Premchand, filed under the provisions of Rent Control Act, 2001 (hereinafter '2001 Act') and the case No.590/2006
pending before the Rent Tribunal, Additional Senior Civil Judge No.5, Jaipur Metropolitan, Jaipur.
Counsel for the petitioner submits that the petitioner applicant filed eviction application under Section 9 of the 2001 Act in the year 2004 on the ground
of default in payment of rent, subletting and personal and bonafide necessity of the tenanted premises. After service, counsel for the non applicant
appeared and filing reply seven issues were struck on 7-12-2006. Thereafter the case is still pending. It has been submitted that the other case
No.590/2006 (1551/2004) was filed under Section 6 and 14 of the Act of 2001 for revision of rent.
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-applicant-tenant resorts
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 applications filed by the petitioner and in any event not later
than four 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.