Can't Reserve Judgment For Indefinite Period: Rajasthan High Court Tells Appellate Rent Tribunal On Plea By Tenant Fearing Eviction

Rajasthan High Court has ruled that Appellate Rent Tribunal is not expected to reserve judgment for an indefinite period, especially when the arguments in a matter before it were heard and concluded months ago.

The bench of Justice Anoop Kumar Dhand observed that as per Section 19(8) of the Rajasthan Rent Control Act, 2001, the Tribunal shall dispose the appeal within a period of one hundred and eighty days from the date of service of notice of appeal on the respondents.

Respondents had filed a case against the petitioner for eviction from the rented premises which was allowed by the Rent Tribunal. An appeal was filed by the petitioner in which final arguments were heard, only the judgment remained to be pronounced. The case was posted for for pronouncement of judgment several times but the appeal was not decided till date.

In the meantime, Executing Court issued warrants against the petitioner for vacating the rented premises. Hence, the petitioner had approached the Court seeking direction to the Tribunal to decide the appeal expeditiously.

After hearing the contentions, the Court highlighted that the matter was kept for pronouncement of judgment since February 2025, but inspite of passing of considerable time, no judgment was pronounced.

The Court observed that, “It is not expected from the Rent Appellate Tribunal to keep the judgment reserved for an indefinite period, more particularly, when the arguments have been heard and concluded on 28.01.2025 itself, the Presiding Officer is not expected to keep on posting the matter for pronouncement of judgment from one date to another”.

Reference was made to the Supreme Court case of Balaji Baliram Mupade & Ors. v. the State of Maharashtra & Ors. in which the Apex Court considered it imperative that judicial discipline required promptness in delivery of judgments. Similarly, in another case of Anil Rai v State of Bihar, it was held that once the matters were reserved for pronouncement of order, the same should be done within a reasonable time schedule.

The Court further highlighted that Order XX, Rule 1, CPC prescribed 30 days for pronouncement of judgment. Furthermore, Section 19(8) of the 2001 Act also laid down that the Appellate Rent Tribunal shall dispose the appeal within a period of 180 days from the date of service of notice of appeal.

Observing the right to speedy and expeditious disposal as a fundamental right under Article 21, the Court allowed the petition, and directed the Tribunal to pronounce the judgment as early as possible, preferably within two weeks from the order.

It was further stated that no coercive action shall be taken against the petitioner for two weeks.

Title: Ramswaroop v Moolchand & Ors.

Citation: 2025 LiveLaw (Raj) 208

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