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2015 DIGILAW 1101 (RAJ)

Renu Sharma Bhawan v. Ram Kishore Kalal

2015-05-19

MOHAMMAD RAFIQ

body2015
JUDGMENT : Mohammad Rafiq, J. This writ petition has been filed by Shrimati Renu Sharma Bhawan with prayer that the Rent Tribunal, Jaipur Metropolitan, Jaipur, be directed to decide the Original Application No.263/2006 of the petitioner at an early date, which was filed by her for eviction of the respondent on the ground of bona-fide necessity of her son. 2. Learned counsel for the petitioner submitted that after completion of the pleadings of the parties the matter reached the stage of evidence in 2007. The original application was filed on 31.03.2006. The respondent filed reply thereto on 07.09.2006. The matter reached the stage of evidence of the petitioner in the beginning of the year 2007. The petitioner has filed affidavits of three witnesses, namely, PW-1 Surendra Kumar Bhawan, PW-2 Raghuveer Bhawan and PW-3 Girdhari Singh. First two witnesses appeared before the Rent Tribunal for cross-examination on 12.07.2007 and since then they appeared before the Tribunal on different dates but till date only one of them has been cross-examined i.e. PW-1. It is because the respondent filed application under Order 6, Rule 17 of the CPC on 29.07.2009. The matter remained pending on that application till the application was finally rejected on 20.01.2011. On 25.08.2011 the respondent again filed application under Order 6, Rule 17 of the CPC and the matter remained pending on that application, which came to be dismissed by the Rent Tribunal vide order dated 17.07.2012. The respondent thereafter filed review application on 17.09.2012, which was rejected vide order dated 01.11.2013 with costs of Rs. 500/-. On 21.03.2014 the respondent again filed application under Order 8, Rule 1 of the CPC to delay the matter. The said application was rejected by the Rent Tribunal vide order dated 28.02.2015. 3. Learned counsel has submitted that as per intention of legislature and in view of Section 15(5) of the Rajasthan Rent Control Act, 2001, the eviction petition is to be decided within a period of 240 days but due to delayed tactics being adopted by the respondent, it could not be decided despite lapse of nine years. So much so the evidence of the petitioner had began in April, 2007 but the same could not be completed despite eight years having gone by since then. Learned counsel in order to substantiate the arguments, has referred to certified copy of orders of the Rent Tribunal placed on the record. 4. So much so the evidence of the petitioner had began in April, 2007 but the same could not be completed despite eight years having gone by since then. Learned counsel in order to substantiate the arguments, has referred to certified copy of orders of the Rent Tribunal placed on the record. 4. It is indeed surprising that the matter has remained at the stage of evidence of the petitioner for last eight years and has not progressed further, which is much contrary to what was intended by the legislature that such petitions should be decided within 240 days. 5. The conduct of respondent cannot be appreciated but instead of issuing notice of this petition to respondent, I deem it appropriate to direct the Rent Tribunal to expedite the proceedings of the case by not granting undue adjournments and necessitating upon the parties to conclude the evidence without any delay. The petitioner shall produce her two witnesses for cross-examination on the next date fixed before the Rent Tribunal. The respondent shall be required to cross-examine them on next date or any other date that may be fixed by the Rent Tribunal within 15 days thereafter and next three months period shall be granted to the respondent to produce his witnesses. No further application filed by the respondent shall be entertained by the Rent Tribunal so as to stall or delay the proceedings and all such applications so filed shall be decided simultaneously with the main case. Original Application may be decided within six months from the date next fixed before the Rent Tribunal. Writ petition accordingly stands disposed of.