LADU RAM vs GANESH LAL

The Supreme Court held that under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, a trial court is required to determine the provisional rent to be deposited by a tenant even if the landlord does not seek recovery of arrears of rent in the plaint. The High Court's view that the absence of a claim for arrears precludes the determination of provisional rent was found to be erroneous. The Court reversed the High Court's decision, allowing the landlord's appeal and reinstating the trial court's order for provisional rent determination.