LADU RAM versus GANESH LAL

LADU RAM versus GANESH LAL

A landlord need not seek relief for recovery of arrears of rent in order to maintain a suit for eviction on the ground of default in payment of rent, and the court is required to provisionally determine the amount of rent to be deposited by the tenant, even if no relief for recovery of arrears of rent is sought.

Parties
Appellant: Ladu Ram; Respondent: Ganesh Lal
Jurisdiction
India
Judgment Date
12 August 1999
Procedural Posture
Civil Appeal / Appeal From Rajasthan High Court, Order Dated 28.7.1997 in S.b.c.r. No. 216 of 1997
Outcome
appeal allowed
Legal Topics
Eviction, Default in Payment of Rent, Provisional Determination of Rent, Recovery of Arrears of Rent
Rent Control Civil Procedure Eviction Default in Payment of Rent Provisional Determination of Rent Recovery of Arrears of Rent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ladu Ram

Appellant

Ganesh Lal

Respondent

Procedural Posture

Civil Appeal / Appeal From Rajasthan High Court, Order Dated 28.7.1997 in S.b.c.r. No. 216 of 1997

Legal Issues

  1. 1 Whether a landlord in a suit for eviction based on default in payment of rent must seek an additional relief for recovery of arrears of rent
  2. 2 Whether courts are precluded from determining provisional rent when relief for recovery of arrears of rent is not sought

Ratio Decidendi

A landlord need not seek relief for recovery of arrears of rent in order to maintain a suit for eviction on the ground of default in payment of rent, and the court is required to provisionally determine the amount of rent to be deposited by the tenant, even if no relief for recovery of arrears of rent is sought.

Court Disposition

appeal allowed

Orders

  • Order of High Court set aside
  • Appellant awarded costs assessed at Rs. 1,000