PT.NEEL KANTH Vs. DHANWATI

JUDGEMENT

(1.) ON his failure to pay the rent as per directions of the court dated 29.11.1984 the plaintiff-respondent filed an application under section 12(4) of the J&K Houses and Shops Rent Control Act, hereinafter called 'the Act', for striking out the defence of the defendant. While contesting the petition of the respondent-plaintiff, the petitioner-defendant in his objections submitted that he could not pay the rent as per direction of the Court in view of the circumstances detailed therein. It was submitted that the petitioner-defendant had his trade plant Kakapora Kashmir and on account of the drought and the other natural calamities suffered, he became penniless being unable to collect money from his creditors and to pay the same to the respondent-plaintiff. According to him he was reduced to a pauper due to failure of his business on account of the natural calamities referred hereinabove. The trial court held that no sufficient ground was shown for non-deposit of the rent nor any circumstances shown justifying the condonation of delay in depositing the rent. The defence of the petitioner herein was struck off and the file directed to be taken up for further proceedings on the next date vide the order impugned in the revision petition.

(2.) I have heard the learned counsel for the parties and perused the record.