MADAN AND CO Vs. WAZIR JAIVIR CHAND

JUDGEMENT

(1.) This appeal involves the interpretation of S. 11 of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 (hereinafter referred it) as 'the Act').

(2.) The petitioner is a firm of which Sohan Singh Madan is the managing partner. The firm was the tenant of the respondent in respect of a portion of a building situated in Raghunath Bazar, Jammu, on a rent of Rs. 200/- p.m. According to the respondent, the petitioner had been irregular in paying the rent of the premises and had altogether stopped making payment of any rent from 1st April, 1976 onwards. On 26-11-1976, the respondent issued a notice to the petitioner calling upon it to pay the arrears of rent (Rs. 1,600). The notice also terminated the tenancy and called upon the petitioner to vacate the demised premises on or before 31-12-1976. This notice was first sent by post. The postman called at the address on 7-12-1976 and 8-12-1976 but, having failed to find there either the addressee or any person authorised to receive the notice on his be halt returned it with the endorsement "left without address, returned to sender". Thereupon, the respondent caused a copy of the notice to be affixed to one of the doors of the premises in question in the presence of two inhabitants of the locality on 9-12-76. No payment of rent was made subsequently by the petitioner. The respondent, therefore. filed a suit on 16-6-1977 seeking ejectment to the petitioner on the ground that he had committed three defaults, each in payment of two months' rent, within a period of 18 months. This plea was accepted, and eviction of the petitioner decreed, by the Sub Judge. This was affirmed by the District Judge. A second appeal to the High Court was also unsuccessful. Hence this appeal by special leave.

(3.) Sections 11 and 12 of the Act. which are relevant in this context, may now be referred to. They read, in so far as is relevant for our present purposes, as follows: Section 11: