Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3143 of 2019 Petitioner :- Nasir Khan Respondent :- Mahmood Alam And 3 Others Counsel for Petitioner :- Manish Jaiswal
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Manish Jaiswal, learned counsel for the petitioner and learned Standing Counsel for the State.
This is a very classic example where eviction suit is filed in the year 1995 bearing Suit No.841 of 1995 (Nasir Khan vs. Mahmood Alam), which is pending till date, despite 24 years have been elapsed even the generation changes during two decades. Despite the judgment passed by the Hon'ble Supreme Court in the matter of "Hameed Kunju vs. Nazim reported at 2017 (8) SCC 611 wherein it has been mentioned in paragraph Nos.43 and 44 that :-
"43. Before parting, we consider it apposite to observe that the object of Rent laws all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need.
44. We sincerely feel that the eviction matter should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases."
Learned counsel for the petitioner has drawn the attention of this Court towards the order sheets which are since 1995 and which is running about after 45 delays. It is further submitted that the suit may be called more than hundred times but till date, the same has not been decided. The suit is still lingering on.
Considered the submissions made at Bar and perused the record.
In view of the judgment passed by the Hon'ble Supreme Court in the matter of Hameed Kunju (supra), this is a fit case where this Court may pass an appropriate direction to the learned trial court to decide this eviction suit.
Accordingly, the learned court below is directed to decide the aforesaid eviction suit within a period of six months from the date of production of a certified copy of this order, without granting any unnecessary adjournments to either of the parties.
With the aforesaid directions, this writ petition is finally
disposed of.
Order Date :- 26.4.2019 Rishabh