Shri Narendra Kumar Sukhlecha vs Shri Kushalchand Bardiya

This petition has been filed seeking a direction that suit

No.241/2007, Naresh Kumar Sukhlecha Vs. Shri Kushal Chand Bardiya,

filed by the petitioner before the Rent Tribunal, Jaipur City 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 in

December, 2007. After service, counsel for the non applicant appeared and

filed reply. 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.