Supreme Court of India · 2018-08-21
Ram Pratap vs Anand Kanwar
- Citation / case number
- AIR 2018 SUPREME COURT 4308
- Court
- Supreme Court of India
- Petitioner
- Ram Pratap
- Respondent
- Anand Kanwar
- Author
- S. Abdul Nazeer
- Bench
- Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is mandatory for the provisional determination of rent before passing an eviction decree for non-payment. The Court emphasized that without this determination, an eviction order cannot be legally sustained. Consequently, the High Court's decision to remand the case to the trial court for fresh disposal was affirmed, ensuring compliance with statutory requirements.