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
- Whether provisional determination of rent under Section 13(3) was mandatory before passing an eviction decree for default.
Provisions considered
- Sections 13(1)(a), 13(3), 13(4) and 13(6), Rajasthan Premises (Control of Rent and Eviction) Act, 1950Provisional rent determination was mandatory, enabling the tenant to deposit or pay the determined amount and obtain the statutory protection against eviction for default, subject to the statutory conditions. (¶¶ 11, 12, 13, 14)
Held
- Section 13(3) requires the court to determine provisional rent within three months of filing of the written statement and before framing issues, whether or not an application is made. The court could not dispense with that duty and decree eviction for default on the premise that the proceedings had become ex parte. (¶¶ 5, 7, 10, 14)
- Determination under Section 13(3) enables compliance with Section 13(4) and the protection afforded by Section 13(6). Omitting it would deprive the tenant of a valuable statutory right; the High Court correctly treated the requirement as mandatory. (¶¶ 12, 13, 14)
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.