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2017 Supreme(Raj) 1020
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Alok Sharma, J.
Gopal Soni S/o Shri Ramswaroop Soni - Petitioner
Versus
Girwar Dayal Gupta S/o Shri Nemi Chand Gupta - Respondent
S.B. Civil Writ Petition No.13442 of 2016
Decided On : 20-04-2017
Subject
Rent Control - Eviction and Injunction
Act Referred
RENT CONTROL ACT : S.18, S.21(4)
Headnote
Rent Control Act, 2001 - Section 18 - Civil Procedure Code, 1908 - Seeking permanent injunction – Tenant - Counsel for respondent landlord undertakes to reduce height of said wall upto feet within ten days from today - Rent Tribunal is directed to dispose of landlords eviction petition as also tenant own petition of Act of seeking permanent injunction against landlord from being dispossessed without due process within a period of six months from date of presentation of certified copy of this order - For ensuring compliance with this direction for expedited disposal of two petitions aforesaid one of landlord and other of tenant provisions - Held, Judgment of Apex Court in case of it has been held that adjournments in civil cases should be ordinarily limited to three times - It is further directed that miscellaneous applications filed by any of parties in two petitions be decided by a reasoned and speaking order as far as possible within three days of filing and when found frivolous or vexatious exemplary cost be visited - Further as proceedings Act of are summary in nature and desired by law to be completed within days of service on opposite party where provisions of Civil Procedure Code do not ipso facto apply and only principles of natural justice are to be adhered to Tribunal in its discretion shall be free to keep miscellaneous applications pending and decide them along with final judgment/s of main petitions - Petition disposed of
For the Petitioner:Mr. K.N. Bhatt and Mr. Manu Bhargava Advocates.
For the Respondent:Mr. Mohit Gupta and Mr. Vijay Gupta, Advocates.
Mr. Alok Sharma, J.
1. Under challenge is the interim order dated 7-4-2016 passed in petition No.210/2016 filed under the provisions of the Rent Control Act, 2001 (hereinafter 'the Act of 2001’) before the Rent Tribunal No.1 Jaipur Metropolitan, Jaipur.
2. Having heard counsel for the parties, on their consent the petition is disposed of as under:-
(i) The wall parallel and in front of the two rooms, of the tenanted premises will not be kept beyond height of 3 feet height. Counsel for the respondent landlord undertakes to reduce the height of the said wall upto 3 feet within ten days from today.
(ii) The Rent Tribunal is directed to dispose of the landlord’s eviction petition No.210/2016 as also the tenant’s own petition under Section 18 of the Act of 2001 seeking permanent injunction against the landlord from being dispossessed without due process within a period of six months from the date of presentation of certified copy of this order. For ensuring compliance with this direction for the expedited disposal of the two petitions aforesaid, one of the landlord and other of the tenant, the provisions of Section 21(4) of the Act of 2001 be strictly adhered to, as also the judgment of the Apex Court in the case of Shiv Cotex v. Tirgun Auto Plast (P) Ltd. [(2011) 9 SCC 678], wherein it has been held that adjournments in civil cases should be ordinarily limited to three times.
(iii) It is further directed that miscellaneous applications filed by any of the parties in the two petitions be decided, by a reasoned and speaking order, as far as possible within three days of filing, and when found frivolous or vexatious, exemplary cost be visited. Further as the proceedings under the Act of 2001 are summary in nature and desired by law to be completed within 240 days of service on the opposite party, where provisions of Civil Procedure Code, 1908 do not ipso facto apply and only principles of natural justice are to be adhered to, the Tribunal in its discretion shall be free to keep miscellaneous applications pending and decide them along with the final judgment/s of the main petitions.
The petition stands disposed of accordingly.
