Back
VIJAY BISHNOI, PRAVEER BHATNAGAR
Vinay Jangid – Appellant
Versus
Arya Samaj, Dayanand Marg, Ratanada, Jodhpur – Respondent
Parties:
- Petitioner/Appellant: Vinay Jangid
- Respondent: Arya Samaj, Dayanada Marg, Ratanada, Jodhpur (!) (!)
Court & Date: High Court of Rajasthan (DB Special Appeal Writ Nos. 986, 1009 & 1048 of 2022), decided on 26-04-2023 [intro]
Subject: Civil Law - Procedural Law; Rajasthan Rent Control Act, 2001 - Sections 9, 15(5) [judgement_subject][judgement_act_referred]
Facts:
- Respondent filed eviction applications against appellants under Rajasthan Rent Control Act, 2001 before Rent Tribunal, Jodhpur in 2021; notices served on appellants in September 2021 (!) .
- During pendency, respondent filed writ petitions seeking directions to expedite proceedings under Section 15(5); Single Judge disposed writs without notice to appellants, directing Rent Tribunal to expedite by giving shorter dates and decide within 4 months (!) (!) .
Issues:
- Whether Single Judge erred in directing expedited proceedings without notice to appellants, assessment of compelling reasons, or consideration of other pending cases/schedule (!) (!) .
Appellants' Contentions:
- Single Judge failed to compare respondent's case with other landlords' cases pending before Rent Tribunal (!) .
- Orders passed without appreciating facts, tribunal schedule, or compelling reasons (!) .
- Such directions for stipulated timelines should not be issued casually, only with compelling reasons (!) .
- Prayer to set aside impugned orders (!) .
Respondent's Contentions:
- Supported impugned orders (!) .
Court's Findings & Ratio:
- Courts should exercise caution and be slow in directing trial courts to conclude proceedings within stipulated time without assessing compelling reasons or hearing all parties (!) .
- No interference warranted as plaintiff's evidence before Rent Tribunal was concluding soon (!) .
Decision: Appeals dismissed; impugned orders upheld (!) (!) .
| Table of Content |
|---|
| 1. eviction proceedings under rajasthan rent control act. (Para 4 , 5) |
| 2. contentions regarding the urgency of eviction orders. (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's caution in expediting proceedings. (Para 12) |
| 4. (Para 13) |
JUDGMENT :
Vijay Bishnoi, J.
The matters come up for consideration of the application (1A No. 1/2023) preferred on behalf of appellant - Vinay Jangid in DBSAW No. 986/2022 with a prayer for early listing of the appeal.
2. The Registry has fixed the next date in the matters as 23.05.2023, however, with the consent of learned counsel for the parties, the matters are heard finally today.
3. Accordingly, the application (1A No. 1/2023) is disposed of.
4. Brief facts of the case are that respondent - Arya Samaj filed applications under the provision of RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter to be referred as ‘the Act of 2001’) against the appellants for eviction of the rented premises. The said application was preferred before the Rent Tribunal, Jodhpur in the year 2021 and notices were served upon the appellants in September 2021. During the pendency of the said application, respondent - Arya Samaj preferred separate writ petitions before this Court
The right to timely resolution of rent disputes is fundamental under Article 21, necessitating the Appellate Tribunal to adhere to statutory timelines for appeals to prevent undue hardship to landlor....
Judicial discipline mandates timely delivery of judgments, with delays infringing on the right to speedy justice under Article 21.
Appeal against order of eviction – It is not expected from Rent Appellate Tribunal to keep Judgment reserved for an indefinite period.
The court affirmed that eviction under Section 9(i) of the Rajasthan Rent Control Act does not require prior notice for arrears of rent, focusing on bonafide necessity.
The central legal point established in the judgment is the requirement of the Presiding Officer of the Appellate Rent Tribunal to have not less than three years of experience as mandated by Section 1....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
