The Supreme Court while interpreting section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ordered eviction under Article 142 of the constitution while Second Appeal was pending before a single judge and held that filing of a suit for eviction within five years from the date on which the premises were let out to the tenant is permissible but the decree to this effect cannot be passed.

The bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah while exercising the power conferred under Article 142 of the Constitution directed the tenant to vacate the premises by 30.09.2023 since the tenancy is 38 years old.

Now with this interpretation of Section 14(3) of the Act the suits for eviction filed within 5 years of commencement of tenancy are maintainable, however, the decree cannot be passed within such 5 years.

The order of the Supreme Court has come even when the second appeal is pending before the High Court.

The issue having divergent views by co-ordinate benches of the High Court, a Single bench had referred the same to a larger bench.

The petitioner was represented by Advocate Anuj Bhandari where as Sr. Advocate Sushil Kumar Jain assisted by Advocate Puneet Jain represented the respondent.

Case Details:-

CIVIL APPEAL NO. 4364 OF 2023 
RAVI KHANDELWAL …Appellant 
Versus 
M/S. TALUKA STORES …Respondent

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