Rajasthan High Court recently ruled that the Appellate Rent Tribunal cannot reserve judgment for an indefinite period, especially when final arguments in a case have already been heard and concluded. The Court emphasized the importance of promptness in judicial proceedings and highlighted that delaying judgments violates fundamental rights.
The judgment came in a case titled Ramswaroop v. Moolchand & Ors., where the petitioner, Ramswaroop, challenged eviction orders and sought timely disposal of his pending appeal before the Rent Appellate Tribunal. The petitioner submitted that although the Rent Tribunal had allowed eviction in March 2024, his appeal, filed in May 2024, had been heard completely by January 28, 2025. Despite several dates fixed for pronouncement, no judgment had been delivered.
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Meanwhile, the Executing Court issued warrants for eviction, prompting the petitioner to move the High Court. The Court, led by Justice Anoop Kumar Dhand, noted that under Section 19(8) of the Rajasthan Rent Control Act, 2001, the Tribunal must dispose of appeals within 180 days from the date of notice. The continued delay, despite arguments being concluded months ago, was found unacceptable.
"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," the Court stated.
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The judgment referenced the Supreme Court’s observations in Balaji Baliram Mupade v. State of Maharashtra, where delay in delivering reasons for orders was held as a denial of justice. Similarly, in Anil Rai v. State of Bihar, the Supreme Court underscored the principle that judgments should be delivered within a reasonable timeframe—preferably within six weeks and not beyond two months.
“Judicial discipline requires promptness in delivery of judgments,” the Court quoted from the Balaji Baliram ruling, reminding judicial officers of their duty to uphold fairness and efficiency.
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Justice Dhand also cited Order XX Rule 1 of the CPC, which prescribes that judgments should ideally be delivered within 30 days from the conclusion of hearings. Recognizing the right to speedy justice under Article 21 of the Constitution, the Court ruled that excessive delay undermines this right.
“The right of speedy and expeditious disposal of the case is one of the most valuable and cherished rights guaranteed under Article 21,” the Court observed.
Consequently, the High Court allowed the petition and directed the Rent Appellate Tribunal to pronounce its judgment as soon as possible, ideally within two weeks from receiving the order. Further, the Court instructed that no coercive action should be taken against the petitioner during this period.
Title: Ramswaroop v Moolchand & Ors.
