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august 2018

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.

Ram Pratap vs Anand Kanwar · Niyam