Case Note & Summary
The dispute arose from a suit for ejectment filed by the landlord against the tenant on grounds of bona fide need and default in rent payment. The landlord claimed that rent was due since December 1993, but did not seek recovery of arrears in the plaint. The trial court determined provisional rent due from the tenant, which was challenged by the tenant in the lower appellate court and subsequently in the High Court. The High Court ruled that the trial court could not determine provisional rent without a claim for arrears, leading to the landlord's appeal to the Supreme Court. The Supreme Court analyzed the relevant provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, particularly Section 13, which outlines the requirements for eviction based on rent default. The court concluded that a landlord is not required to seek recovery of arrears in the eviction suit, as the law allows for eviction if the tenant is in arrears for more than six months and fails to pay. The court emphasized that the tenant's obligation to deposit rent is for their benefit, allowing them to contest the eviction if they comply. The Supreme Court found the High Court's decision to be legally flawed and set it aside, allowing the landlord's appeal and awarding costs.
Headnote
A) Rent Control - Provisional Rent Determination - Court's Authority - Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13 - The court is required to provisionally determine the amount of rent to be deposited by the tenant in a suit for eviction based on default in payment of rent, even if no relief for recovery of arrears of rent is sought. The absence of such relief does not preclude the court from making this determination, as the tenant's compliance with the order can prevent eviction. Held that the High Court's view was legally infirm (Paras 1-4).
Issue of Consideration
Whether a court can determine the provisional amount of rent a tenant is required to deposit in a suit for eviction based on default in payment of rent, even if no relief for recovery of arrears of rent is sought.
Final Decision
The Supreme Court set aside the High Court's order, allowing the landlord's appeal and confirming the trial court's authority to determine provisional rent. The court awarded costs of Rs.1,000 to the landlord.
Law Points
- Provisional rent determination
- Ejectment on default
- Recovery of arrears of rent
- Rajasthan Premises (Control of Rent and Eviction) Act
- 1950
- Tenant's obligations
