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 landlords and tenants.

ORDER :

1. The Rent Tribunals and Appellate Rent Tribunals in the State are the judicial bodies, established under the RAJASTHAN RENT CONTROL ACT , 2001 (for short ‘the Act of 2001’), to resolve the disputes between the tenants and landlords. The Appellate Rent Tribunal is a higher judicial authority that hears the appeal against the decision made by the Rent Tribunal. It has the power to confirm, modify or reverse the judgment passed by the Rent Tribunal.

2. The purpose of establishing the Rent Tribunal is to provide a forum of law where the tenants and the landlords can resolve their disputes in a proper and just manner. If any one of them or both of them are not satisfied by the order/judgment of the Rent Tribunal, the aggrieved party can file an appeal before the Appellate Rent Tribunal. The appellate system is an integral part of the justice delivery system which provides an opportunity to the parties to seek redressal of their grievance against the decision that is perceived to be unjust or erroneous.

3. In the instant case, the petitioner/landlord filed an application under Section 9 of the Act of 2001 against the respondents for his eviction from the shop in question and the said application was allowed by the Rent Tribunal, Ajmer vide judgment dated 21.09.2023 and order of his eviction was passed. Aggrieved by the above impugned judgment, the tenant/respondents submitted an appeal under Section 19 of the Act of 2001 before the Appellate Rent Tribunal, Ajmer and the same is pending consideration since 2023. The appeal had been posted for final arguments on various occasions i.e. 24.01.2024, 08.02.2024, 21.03.2024, 16.04.2024, 18.05.2024, 09.07.2024, 20.08.2024, 08.10.2024, 26.11.2024, 08.01.2025, 14.02.2025, 18.03.2025 and 02.05.2025, but till date the final arguments have not been heard so far and the matter is deferred from one date to another on each and every occasion and still the appeal is lying pending for its adjudication, on merits. Hence, feeling aggrieved by such circumstances, the landlord/petitioner has approached this Court seeking direction for early disposal of the appeal filed by the tenant/respondents before the Appellate Rent Tribunal.

4. A limited prayer has been made by the landlord/petitioner in this writ petition for issuing direction to the Appellate Rent Tribunal (for short ‘the Appellate Tribunal’) to decide the appeal filed by the tenant/respondents against the order of eviction, expeditiously within a time frame.

5. Learned counsel for the petitioner submits that the petitioner is a senior citizen and he has filed an application under Section 9 of the Act of 2001 before the Rent Tribunal, Ajmer and the said application was allowed vide order dated 21.09.2023 by the Rent Tribunal and eviction orders were passed against the respondents. Counsel submits that aggrieved by the aforesaid order, an appeal was preferred by the respondents before the Appellate Tribunal in the year 2023 and the said appeal is pending adjudication for last more than two years. Counsel submits that appropriate directions be issued to the Appellate Tribunal to decide the pending appeal expeditiously as early as possible.

6. Heard and considered the submissions made at Bar and perused the material available on the record.

7. This fact is not in dispute that the eviction application submitted by the petitioner against the respondents under Section 9 of the Act of 2001 was filed in the year 2019 and the same was allowed in the year 2023 i.e. on 21.09.2023 and against which an appeal has been preferred, before the Appellate Tribunal, by the respondents in the year 2023 and the same is lying pending for adjudication for last more than two years.

8. As per Section 19 (8) of the Act of 2001, the Appellate Tribunal is supposed to dispose of the appeal within a period of 180 days from the date of service of notice upon the other side. In the instant case, a period of more than 188 days has already been lapsed and the appeal agains