Rajasthan High Court: Prakash Gupta, J. allowed this writ petition filed under Article 227 of the Constitution of India.
The petitioner here filed an eviction application on 26-04-2018 under Section 9 of the Rajasthan Rent Control Act, 2001. The Act provides for disposal of eviction petition within 240 days from the service of the notice on the opposite party. It was also brought to notice of the Court that the Tribunal granted adjournments to the opposite party without any reason, which is detrimental to the petitioner’s right.
It was also mentioned by the counsel for the petitioner that Section 21(4) of the Rajasthan Rent Control Act, 2001 states that the Rent Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing. The same was not followed by the Tribunal.
The Court after hearing and perusing the contentions and the material available on record held that the prayer of the petitioner, to dispose of the eviction petition No. 306 of 2018 at the earliest, is reasonable. Hence, the Court directed the Tribunal, Jaipur Metropolitan, Jaipur, to decide the eviction application expeditiously but not later than 9 months from the date of receipt of this order.[Alimuddin v. Dilip Shah, 2020 SCC OnLine Raj 12, decided on 03-01-2020]
