BITTU GUPTA Vs. PAWAN KUMAR

JUDGEMENT

(1.) In the instant petition, filed under Article 227 of the Constitution of India, petitioner seeks quashment of the order dtd. 2/3/2022 (for brevity 'impugned order') passed by the learned Munsiff, Akhnoor (for brevity 'Trial court') whereby the issue No. 1 has been decided against the defendant/petitioner herein, by holding that a suit for eviction/recovery of possession for premises located where Jammu and Kashmir Houses and Shops Rent Control Act is applicable only on the grounds mentioned in the proviso to Sub-sec. (1) of Sec. 11 of the said Act and the suit apparently inter alia has been filed for default in payment of rent, for which notice has already been served on the defendant, therefore, no notice for termination of tenancy is required to be served on defendant when the suit is governed by the aforesaid Act.

(2.) The findings of the Trial court have been called in question, precisely on the following grounds:-

(3.) The preliminary issue No. 1 framed by the Trial court reads as under:-