Pawan Kumar S/o Shri Kishtoor Chand Jain vs Smt. Kaushlya Devi W/o Late Shri Ramlal Agarwal

This petition has been filed with the prayer to direct the Rent

Tribunal Jaipur Metropolitan, Jaipur to decide at an early date the

eviction application No.919/2015 (367/2013) (136/2011), Pawan

Kumar Vs. Smt. Kaushlya Devi & Others 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 on 20-4-2011. After service, counsel for the non

applicant appeared and filed reply. Thereafter issues have been

framed on 17-11-2011. Thereafter the case is still pending.

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 application 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.