RAM PRATAP versus ANAND KANWAR & ORS.

RAM PRATAP versus ANAND KANWAR & ORS.

The determination of provisional rent under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is mandatory in suits for eviction on the ground of default, and without such determination, no decree for eviction can be passed. Court's duty to determine provisional rent is not dependent on parties' application or presence.

Parties
Appellant Plaintiff: Ram Pratap; Respondent Defendant: Anand Kanwar & Ors.
Jurisdiction
India
Judgment Date
21 August 2018
Procedural Posture
Civil Appeal / Appeal Dismissed by Supreme Court, Confirming High Court's Remand to the Trial Court
Outcome
Appeal dismissed
Legal Topics
Eviction for Non Payment of Rent, Fixation of Provisional Rent, Mandatory Nature of Statutory Procedure
Rent Control and Eviction Eviction for Non Payment of Rent Fixation of Provisional Rent Mandatory Nature of Statutory Procedure

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Parties

Ram Pratap

Appellant Plaintiff

Anand Kanwar & Ors.

Respondent Defendant

Procedural Posture

Civil Appeal / Appeal Dismissed by Supreme Court, Confirming High Court's Remand to the Trial Court

Legal Issues

  1. 1 Whether compliance of Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is mandatory in suits for eviction on the ground of default
  2. 2 Whether determination of provisional rent is a mandatory requirement before passing decree of eviction

Ratio Decidendi

The determination of provisional rent under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is mandatory in suits for eviction on the ground of default, and without such determination, no decree for eviction can be passed. Court's duty to determine provisional rent is not dependent on parties' application or presence.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs