GULCHAIN SINGH CHARAK Vs. RAM DITTA SHARMA

JUDGEMENT

(1.) THIS civil revision petition against an order of learned Sub Judge (C. J. M.) Jammu dated 18 -4 -1981 raises a short, though substantial question of law, as to the true import and scope of the expression" the arrears of rent" occurring in sub -section (4) of section 12 of the Jammu and Kashmir Shops Rent Control Act, 1956 (hereinafter called the Act). Though the question is purely legal, yet some salient facts do require notice.

(2.) DURING the pendency of an ejectment suit filed on 4 -8 -1975, before the statement of the defendant was recorded, the plaintiff -landlord, filed an application on 20 -8 -1980 in the trial Court under Section 12 (4) of the Act, claiming the arrears of rent from 1 -4 -1975 onwards and for a direction to the tenant to continue to deposit month, by month rent during the pendency of the suit. The arrears were claimed at the rate of Rs. 180/ - PM. The application was resisted by the tenant petitioner interalia on the ground that the trial court was not com petent to entertain the application under section 12 (4) of the Act, uptil and unless the suit filed by the land -lord in the subordinate Judges Court claiming arrears of rent amounting to Rs. 7380/ - (for the period August 1975 to 1978 end was disposed of, It was then maintained that the arrears of rent which were barred by time could not be ordered to be paid under Section 12 (4) of the Act and that no direction could be given to the appellant to deposit the arrears of rent in respect of a period beyond three years of the date of the application filed under Section 12 (4) of the Act. The third objection raised was to the effect that the court had no jurisdiction to direct the payment of such arrears of rent which were subject matter of the suit itself. The learned Sub Judge (CJM) however, vide his impugned order, rejected the contentions raised on behalf of the tenant petitioner and directed the tenant to deposit rent with effect from 1 -4 -1975 up to date and to continue to deposit month by month rent, by the 15th day of the calender month till the disposal of the suit. The tenant has now come to this court.

(3.) THE objections raised in the trial court have been reiterated before me and the precise basis for reiterating those submissions by Mr. J. P. Singh is that the expressing "arrears of rent, occurring in Section 12 (4) of the Act is referable to those arrears which are "legally payable", as contemplated by clause (1) of proviso to subsection (1) of Section 12 of the Act and no other arrears and, thus no arrears for the recovery of which a suit had been filed or the time barred arrears could be ordered to be paid. Support for the submissions, is sought from a judgment of the Madhya Pradesh High Court in Smt. Mankunwar Rai aud others Vs. Sunder Lal Jain AIR 1978 Madhya Pradesh 165.