JAI MANMOHAN KAPOOR Vs. KEDAR NATH SEKHRI

JUDGEMENT

(1.) This revision petition is directed against the order dated 3-1-1987, passed by the learned Munsif Sub Registrar, Jammu, whereby he has decided issue No. 3, preliminary issue, against the plaintiff peti-tioner.

(2.) The plaintiff-petitioner had filed a suit for ejectment against Kidar Nath, defendant, in relation to residential premises situated in Raghunath Bazaar, Jammu, an various grounds one of them being that the defen-dant-tenant had committed three defaults within a period of 18 months in payment of the rent in spite of a notice and had incurred a liability for ejectment under S. 11(1)(i) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 (hereinafter referred to as the Act).

(3.) The defendant appeared and contested the suit. In his defence he raised a number of pleas. He, inter alia, pleaded that the plaintiff had not served a valid notice as contemplated by Cl. (1)(i) of See. 11 of the Act because he had given a notice requiring the defendant to pay the arrears of rent within one month of the receipt of the notice whereas under the Act tenant was to be asked to deposit the arrears of rent within 30 days of the receipt of the notice.