Supreme Court of India
Ram Pratap v. Anand Kanwar & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid discussion, we are of the view that there is no merit in this appeal, which is accordingly dismissed.
Judgment, page 6
From the headnote
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s. 13(1) & (3) and s.19A – Eviction of tenant on the ground of non-payment of rent – Fixation of provisional rent – Mandatory or directory – Held: Use of the word ‘shall’ in s.13(3) makes it mandatory on the court to fix provisional rent within three months of the filing of the written statement but before framing of the issues, irrespective of any application or not – If the rent so determined by the court is paid by the tenant as provided u/s. 13(4), no decree for eviction of the tenant can be passed on the ground of default, in…
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