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Rajasthan High Court · body

2018 DIGILAW 2052 (RAJ)

Manoj Kumar Modi v. Ramlal Arora

2018-10-05

SANGEET LODHA

body2018
JUDGMENT : SANGEET LODHA, J. 1. By way of this petition, the petitioner is seeking directions to the Rent Tribunal, Bikaner for expeditious disposal of the Rent Petition No. 7/14 filed by him seeking eviction of the respondents from the rented premises. 2. The petitioner filed a petition seeking eviction of the respondents from a commercial premises on the ground of reasonable and bona fide necessity. The petition is being contested by the respondents by filing a reply thereto. In the petition filed, on 22.1.14, a reply was filed on behalf of the respondents on 9.4.14. The evidence of the petitioner was completed on 13.11.14 and the matter was posted for respondents’ evidence. On 4.2.15, the matter was adjourned on the request of the respondents and on 6.4.15, an opportunity was extended to the respondents to produce evidence on payment of costs Rs. 50/-. Thereafter, the matter was adjourned from time to time. On 2.10.15, the respondents filed an application under Order VI Rule 17 read with Section 151 CPC seeking amendment of the reply. The petitioner filed reply to the application seeking amendment on 18.11.15. Thereafter, the matter was adjourned from time to time for arguments on application preferred as aforesaid. The application was allowed vide order dated 8.3.16. The petitioner filed reply to the amended petition and the respondents filed a rejoinder thereto. On 8.7.16, the petitioner was examined and on the same day, an application was filed on his behalf to summon more witnesses which was rejected vide order dated 22.8.16 and the matter was posted for respondents’ evidence. At this stage, the respondents preferred two applications on 26.10.16 which have not been disposed of by the Rent Tribunal till this date. 3. Learned counsel appearing for the petitioner contended that the proceedings in the rent petition is being delayed by the respondents by adopting delaying tactics and ignoring the mandate of the provisions of subsection (5) of Section 15 of the Rajasthan Rent Control Act, 2001 (for short “the Act of 2001”), the Rent Tribunal is granting time to the respondents time and again and therefore, appropriate directions deserve to be issued to the Rent Tribunal for expeditious disposal of the rent petition. 4. Learned counsel appearing for the respondents submitted that the delay in disposal of the petition cannot be solely attributed to the respondents and they are not adopting any delaying tactics as alleged. 4. Learned counsel appearing for the respondents submitted that the delay in disposal of the petition cannot be solely attributed to the respondents and they are not adopting any delaying tactics as alleged. 5. It is noticed that as per mandate of sub-section (5) of Section 15 of the Act of 2001, the petition seeking eviction is required to be disposed of within a period of 240 days from the service of the notice on the tenant. A perusal of the order sheets reveals that the application preferred by the respondents are pending consideration for last two years and the adjournments are being granted by the Rent Tribunal liberally in casual manner. In the considered opinion of this court, if the petition filed are tried by the Rent Tribunal in such a casual manner, the very purpose of the enactment of the Act of 2001 shall stand frustrated. 6. Thus, taking into consideration the facts and circumstances of the present case, this court consider it appropriate to issue directions to the Rent Tribunal for expeditious disposal of the pending petition. 7. Accordingly, the petition is disposed of with the directions to the Rent Tribunal, Bikaner to consider and dispose of the applications preferred by the respondents on the next date of hearing. No further adjournment shall be granted to the respondents for arguments on the applications preferred. The petition seeking eviction of the respondents from the rented premises preferred by the petitioner, shall be disposed of by the Rent Tribunal expeditiously, in any case, within a period of three months from the date of receipt of copy of this order. No order as to costs.