JAMNALAL vs RADHESHYAM

The Supreme Court ruled 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 held that the trial court's failure to fix provisional rent rendered the eviction decree unsustainable, as it denied the tenant the benefits of Section 12(3). Consequently, the High Court's decision to set aside the eviction order was upheld, reinforcing the necessity of provisional rent determination in eviction proceedings.