Supreme Court · 2018 INSC 729 · Decided 21 August 2018

Ram Pratap v. Anand Kanwar & ORS.

Court
Supreme Court of India
Citation
2018 INSC 729 · [2018] 10 S.C.R. 70
Case number
CIVIL APPEAL No. 8504/2018
Decided
21 August 2018
Bench
N.V. RAMANA, S. ABDUL NAZEER (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Rent Control Act Section 13(3)

Headnote

Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - s. 13(1) & (3) and s.19A - Eviction of tenant on the ground of non-payment of rent - Fixation of provisional rent - Mandatory or directory - Held: Use of the word 'shall' in s.13(3) makes it three months of the filing of the written statement but before framing of the issues, irrespective of any application or not - If the rent so determined by the court is paid by the tenant as provided u/s. 13(4), no decree for eviction of the tenant can be passed on the ground of

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