ALI MOHD. WANI Vs. QAZI ABDUL RASHID

JUDGEMENT

(1.) THIS civil revision by the defendant is directed against part of the judgment and order of the District Judge, Srinagar dated 6th April, 1996 in appeal No. 7 of 1994 by which, while remanding the suit to the trial Court for fresh decision, he upheld the order of the trial Court by which the defence of the defendant as to ejectment had been struck out in terms of Section 12(4) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966.

(2.) THE facts of the case so far as relevant for disposal of this revision are that the plaintiff-respondent filed suit for ejectment of the petitioner on grounds of personal requirement and default in payment of rent. On application for deposit of arrears and current rent, an order under Section 12(4) of the Act was passed on 2nd August, 1985. Section 12(4) requires the tenant to deposit the arrear rent within fifteen days of the order and the current rent by the fifteenth day of the next following month. Alleging that the petitioner had made irregular deposits and thus violated the order, the respondent filed application for striking out the defence on 23rd November, 1993. The Court allowed the prayer and by the same order, dated 29th June 1994, also decreed the suit. On appeal by the petitioner, the appellate Court took the view that disposal of the suit was not in accordance with law and, accordingly, remanded the suit for fresh decision but upheld the part of the order by which defence stood struck out.

(3.) I have mentioned the above development for the sake of record. In the instant case, we are only concerned with the question as to whether the order of the trial Court dated 2nd August, 1985 directing the petitioner to deposit arrear as well as current rent in terms of Section 12(4) of the Act stood violated and if so, whether it warranted striking out the defence.