JUDGEMENT
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 application/s pending and decide them along with the final judgment/s of the main petitions.
The petition stands disposed of accordingly.
Petition disposed of as above.;
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