Rajasthan High Court: In civil writ petition filed by the petitioner, seeking expeditious disposal of an appeal pending before the Appellate Rent Tribunal filed by the respondent against the order of eviction by the Rent Tribunal, a Single Judge bench of Anoop Kumar Dhand, J., directed the Appellate Tribunal to decide the appeal within three months from the date of receipt of the certified copy of the order. The Court emphasized that the right to speedy disposal of cases is a fundamental right under Article 21 of the Constitution of India. It noted that appeals under the Rajasthan Rent Control Act, 2001 (‘Act’), are required to be decided expeditiously, preferably within 180 days as provided under the Act.
Background
The petitioner had filed an application under Section 9 of the Act for the eviction of the respondent from the shop. This application was allowed by the Rent Tribunal, through its judgment dated 21-09-2023, ordering the eviction of the respondents. Aggrieved by this judgment, the respondent had filed an appeal under Section 19 of the Act before the Appellate Rent Tribunal in 2023. The appeal has been pending since 2023 and has been listed for final arguments on multiple dates, from 24-01-2024 to 02-05-2025. The final arguments have not yet been heard, and the matter continues to be deferred. Feeling aggrieved by the prolonged delay, the petitioner thus filed this petition seeking a direction for the early disposal of the appeal.
Court’s Analysis
The Court noted that the appeal filed by the respondent before the Appellate Tribunal in 2023 was still pending adjudication for more than two years.
The Court noted that as per Section 19(8) of the Act, the Appellate Tribunal is supposed to dispose of the appeal within 180 days from the date of service of notice upon the other side. The Court observed that the period of more than 188 days had already lapsed, and the appeal against the eviction order dated 21-09-2023, was still pending for its adjudication on merits.
The Court emphasized that appeals under the Act are required to be decided expeditiously, and the legal framework under it emphasizes the need for prompt resolution of these appeals, ensuring timely justice for landlords and tenants and curbing the prolonged uncertainty associated with the decision and outcome of the appeal. This Court noted that delays caused by the Appellate Tribunals have been criticized by the Court on many occasions by issuing directions for expeditious disposal of the appeals.
The Court stated that the need for prompt decision in rent control appeals stems from the nature of the cases, which often involve issues like eviction and rent disputes. Prolonged delays can cause significant hardship to both the landlords and tenants. The Court reiterated that the right of speedy and expeditious disposal of the case and the appeal is one of the most valuable and cherished rights of the litigant guaranteed under Article 21 of the Constitution of India and is an integral and essential part of the fundamental right of life and liberty, enshrined under it.
The Court, considering the afore-stated factual circumstances and the petitioner’s age, directed the Appellate Tribunal to decide the appeal expeditiously, preferably within three months from the date of receipt of a certified copy of this order.
The Court expressed pain over the fact that several appeals against the orders passed by the Rent Tribunals are pending before the various Appellate Rent Tribunals for several years and have been deferred from one date to another, without any justified reason, thereby causing great hardship to the decree holders who fail to enjoy the fruits of the decrees and the judgment debtor suffers on account of long pendency of the appeal. The proceedings are dragged out for a long time on one count or another. Hence, the Court emphasised that it is in the interest of both sides that these matters should be decided expeditiously, without entertaining unnecessary and unwarranted requests for adjournment of the cases from one date to another. “The object of the Rent Laws is to ensure the speedy disposal of eviction cases between the landlords and the tenants”.
The Court pointed out that as per the mandate contained under Section 15(5) of the Act, the Rent Tribunal is expected to decide the application within a period of 240 days from the date of service of notice on the tenant; and as per Section 19(8), for disposal of appeal against the order of Rent Tribunal by the Appellate Rent Tribunal, the time is 180 days from the date of service of notice of the appeal on the respondent.
The Court further noted that eviction matters should be given priority in disposal at all stages of litigation. The Court directed a copy of this order to be circulated by the Registrar General among all the Judicial Officers posted in the Rent Tribunals and Appellate Rent Tribunals across the State and all the Judicial Officers who are hearing the eviction matters.
[Dharmendra Kumar Bhardwaj v. Ramesh Jain, 2025 SCC OnLine Raj 3206, decided on 30-06-2025]
Advocates who appeared in this case:
For the petitioner: Pranjal Moondra and Saumya for Veyankatesh Garg, Advocates
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