In Brief
A landlord sued for eviction of a tenant under the Rajasthan Rent Control Act, 2001 based on non-payment of rent. The parties had agreed to 10% annual rent increases under their 1995 lease; the tenant was paying Rs. 16,564 per month when the Act took effect in April 2003. The tenant then unilaterally recalculated the rent using the statutory formula (7.5% increases from inception), arriving at Rs. 13,600/month, and deposited only that amount. The High Court set aside the eviction order, holding that no agreement could impose a higher increase than the Act allows. The Supreme Court reversed, holding that an agreed rent continues binding until the landlord formally applies for revision under the statutory machinery; a tenant cannot unilaterally invoke the revision formula to reduce rent. The appeals were allowed and the eviction order was restored.
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