JAMNALAL AND ORS. versus RADHESHYAM

Citation: [2000] 3 S.C.R. 135 · Decided: 18-04-2000 · Supreme Court of India · Bench: S.S.M. QUADRI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

JAMNALAL AND ORS. 
A 
v. 
RADHESHYAM 
APRIL 18, 2000 
[SYED SHAH MOHAMMED QUADRI AND N. SANTOSH HEGDE, JJ.] 
B 
Rent control and eviction: 
M.P. Accommodation Control Act, 1961-Sections 13(1), 13(2) and 
12( 1 )( a)-Default in-Arrears of rent and rate of rent-Operation of section 
13( 1 )-Where dispute as to amount of rent payable has no nexus with rate of 
rent-Court need not hold a summary inquiry under Section 13(2) to fix 
provisional rent and section 13( 1) remains operative-Tenant remains liable to 
deposit rent under section 13( 1 )-It he fails, court can pass order for eviction-
But where both rate of rent and arrears of rent are disputed Section 13( 1) 
becomes inoperative till court fixes provisional rent under section 13(2) of the 
Act. 
Tenant facing eviction proceedings under section 12( 1) of the Act-
Section 13( 1) imposes twin obligations-One to pay or deposit rent within one 
month of the service of summons,for periodforwhich arrears are due and also 
for the period for which it become due subsequent to the notice of demitnd-
Other obligation is to deposit future rent, month by month-Held, the two 
obligations are independent of each other-Further, compliance of tlie second 
does not depend upon fulfilment of the first obligation. 
Application of section I 3( 1) of the Act-Section 13( 1) of the Act applies 
to suits/or eviction based on any of the grounds enumerated in section 12( 1 )(a) 
to (p) and not merely to arrears of rent under clause (a) ~ Therefore, tenants 
facing eviction proceedings on grounds other than non-payment of arrears of 
rent, have to deposit future rent, under section I 3( 1) of the Act. 
Won& and Phrases: 
'Thereafter'-Meaning uJ 
Appellants filed suit for eviction of respondent on the ground of 
default in payment of rent under section 12(1)(a) of the M.P. Accommoda-
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F 
G 
tion Control Act, 1961. Respondent admitted the rate of rent. He denied 
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135 
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SUPREME COURT REPORTS 
[2000] 3 S.C.R. 
being in arrears of rent and produced forged rent receipts. Suit was decreed 
and the appeal was dismissed. High Court allowing the respondent's sec-
ond appeal held that since trial court had not fixed provisional rent under 
section 13(2) of the act, section 13(1) became inoperative and tenant could 
not have been evicted. Hence this appeal. 
Allowing the appeal, the Court 
HELD : 1.1. The tenant is relieved of the consequences of default in 
payment of rent on his paying/depositing the rent under S.13(1) M.P. 
Accommodation Control Act, at the rate last paid or at the rate fixed 
provisionally under section 13(2) of the Act but if the tenant takes a false or 
frivolous plea in regard to the amount of rent payable by him, which does 
not involved fixation of provisional rent under Section 13(2), he runs the 
risk of suffering an order of eviction either under Section 13(6) or after 
trial under section 12(1)(a) of the Act. [146-F-G] 
2.1. Where rate of rent is admitted and the quantum of the arrears of 
rent is disputed, (on the plea that the rent for the period in question or part 
thereof has been paid or otherwise adjusted) section 13(2) of the Act is not 
attracted. The determination of such dispute in a summary inquiry is not 
contemplated under section 13(2) to fix provisional rent and section 13(1) 
of the Act remains operative. Such a dispute has to be resolved after trial of 
the case. The tenant has to take the consequence of non-payment/deposit of 
rents. H he fails in his plea that no arrears are due and the court finds that 
the arrears of rent for the period in question were not paid it has to pass an 
order of eviction against the tenant as no provision of Section 13 of the Act 
protects him. [145E-G] 
2.2. It is only when the obligations imposed in Section 13(1) of the Act 
cannot be complied with without resolving the dispute under section 13(2), 
section 13(1) will became inoperative µII such time the dispute is resolved 
by the court by fixing a reasonable provisional rent in relation to the 
accommodation. It follows that where the rate of rent and the quantum of 
arrears of rent are disputed the whole of Section ·13(1) become inoperative 
till provisional fixation of monthly rent by the Court under section 13(2), 
which will govern compliance of Section 12(1) of the Act. [145-C-D] 
3.1. Section 13(1) of the Act imposes twin obligations on the tenant 
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against whom a suit or proceeding is instituted on any of the grounds 
JAMNALAL

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