S TEJA SINGH Vs. SHAMBOO NATH RAZDAN

JUDGEMENT

(1.) THIS revision is directed against an order dated 6 -1l -1981 passed by the City Munsiff, Srinagar under section 12 (4) of the House and Shops Rent Control Act. By virtue of this order the defendant has been directed to deposit in the court the arrears of the rent and also to pay future rent at the rate of Rs. 12 -50 P. M. The order proceeds on the finding that there is a relationship of landlord and tenant between the parties In the written statement filed by the defendant he has denied that a relationship of landlord and tenant exists between the parties. As a result of this plea one of the issues framed in the case is, Whether the defendant is a tenant under the plaintiff? Before the determination of this issue, it was not proper for the trial court to dispose of the application under section 12(4) of the Houses and shops Rent Control Act. For, that would amount to pre -judging these issue which was obviously not proper. The court should have allowed the application to remain pending so long as the relevant issue was not determined. Infact it should have tried this issue as a preliminary issue because it would not be necessary to go into the other issues if it is found that the relationship of landlord and tenant does no exist between the parties. In the circumstances the impugned order cannot be allowed to prevail it must be sit aside and the trial court must be asked to deal with the application only after it has determined the issue as regards the relationship of landlord and tenant between the parties. This issue must be tried as a preliminary issue alongwith issues Nos. 7 & 8 which raise questions as regards the frame of the suit. Allowing this revision I make an order accordingly. The parties are directed to appear in the trial court on 29 -5 -1983.