In Brief
A landlord sought eviction of his tenant for non-payment of rent under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court granted eviction without determining the rent as required by law. The High Court set aside the order, holding that provisional rent determination is mandatory before eviction can be decreed. The Supreme Court upheld this, ruling that Section 13(3)'s mandatory language ('shall') requires courts to determine rent within three months of the written statement and before framing issues. Without this determination, tenants lose their statutory right to avoid eviction by paying the fixed rent, making the procedure essential to the substantive remedy.
The lawyer headnote and full judgment text are available to registered users.