Subrati vs Bhagwati Prasad on 23 October, 1989
9. Shri P. K. Sharma, learned counsel for the respondent has placed reliance on Ram Chandra v. Kanak Ram (WLN 1980,128), in which it was held by this court that determination of amount of rent provisionally is mandatory but it is directory in respect of period within which the same can be determined. It was further held that provisional rent can be determined even before expiry of three months after the filing of written statement or even after the issues are framed. It was observed that to hold that the period prescribed in Sub-section (3) of Section 13 for the provisional determination of the amount by the Court is mandatory, would result in penalising the tenant for something for which he is not at all responsible. It was, therefore, held that the period prescribed in Sub-section (3) of Section 13 of the Act, 1950, cannot be regarded as mandatory and that it is only directory.