Jamnalal & Ors vs Radheshyam

The Supreme Court held that a decree for eviction under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 cannot be passed without first determining the amount of rent payable under Section 13(2) when the tenant disputes the arrears. The Court emphasized that the tenant's right to contest the eviction is protected by the requirement of provisional rent determination, and since the tenant had cleared the arrears during the proceedings, the eviction decree was not sustainable. Consequently, the Court upheld the High Court's decision to allow the tenant's appeal and set aside the eviction order.