ALOK SHARMA,J. - (1.) The case of the petitioner-plaintiff (hereinafter 'the plaintiff') is that she filed an eviction petition under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') before the Rent Tribunal on 19.05.2011 on the ground of bona fide necessity of the rented shop. Service upon the sole respondent is complete. Reply to the petition has been filed. Issues have been framed.
(2.) It has been submitted that the matter has yet been pending for the last over four years for the cross examination of the plaintiff but is being repeatedly adjourned for various reasons and the intent of Section 15 (5) of the Act of 2001 being overlooked. It has been prayed that in this view of the matter, the Rent Tribunal be directed to disposed of the eviction petition expeditiously.
(3.) The intent of the Act of 2001 for expeditious disposal of the landlord tenant dispute is quite clear. Section 15 (5) of the Act of 2001 provides that eviction petition be disposed of within 240 days on service on the opposite party. Albeit, Section 15 (5) of the Act of 2001 is not mandatory in nature, yet its object cannot be test sight of. A situation where an eviction petition waits for the cross-examination of the applicant-landlord for over four years or more cannot be countenanced. For expeditious disposal of landlord tenant disputes, the Act of 2001 eschews the applicability of CPC and only requires compliance with the principle of natural justice. Section 21 (4) of the Act of 2001 deals with adjournments and states, they be granted by the Tribunal only on the basis of application in writing with good reasons set out. Sadly the Rent Tribunals, in large measure for reasons of heavy dockets are finding themselves unable to effectuate the legislative intent of expeditious disposal of landlord tenant disputes. To that one may add, the strategy of delay by the tenants.;