MANOJ KUMAR MODI Vs. RAMLAL ARORA

JUDGEMENT

(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.50.00. 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 Sec. 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 dtd. 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 dtd. 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 subsec. (5) of Sec. 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.