VidhiSangh

Supreme Court of India · 21/08/2018

RAM PRATAP versus ANAND KANWAR & ORS.

[2018] 10 S.C.R. 70 · 2018 INSC 729

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Summary

An eviction decree for rent default had been passed without provisional determination of rent, after the tenant was proceeded against ex parte. The Supreme Court held that Section 13(3) of the Rajasthan rent statute imposed a mandatory duty on the court and upheld the High Court’s order setting aside the decree and remanding the suit.

Issues

  1. Whether provisional determination of rent under Section 13(3) was mandatory before passing an eviction decree for default.

Provisions considered

Held

Result

Appeal dismissed; the High Court’s order setting aside the eviction decree and remanding the suit for fresh disposal stood affirmed. No order as to costs.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 70.