CHAMAN LAL Vs. SARDA DEVI

JUDGEMENT

(1.) THROUGH the currency of this revision petition, petitioners seek reversal of order dated 10.3.2004 propounded by Sub Judge (Chief Judicial Magistrate), Udhampur, in eviction suit titled Sharda Devi & Ors V. Krishan Lal and Ors., whereby the defence of the petitioners defendants has been struck off for non compliance of order 1.10.2001, passed in application under section 12 (4) of J&K Houses and Shops Rent Control Act, 1966.

(2.) FACTS relevant for disposal of this revision, in brief, may be noticed. A suit for eviction came to be filed by the plaintiffs respondents, against the petitioners -defendants on twin grounds; firstly, for alleged default committed in payment of rent and, secondly, on the ground of personal necessity of the landlord plaintiff No.1, for the business of her son. On filing of the written statement by the petitioners -defendants, the trial court framed issues, calling upon the plaintiffs to lead evidence in support of the issues, the burden of which was upon them to discharge. It was during the recording of evidence of the plaintiffs when an application came to be filed by the landlord, seeking direction to the petitioners -tenants to pay month to month rent as also to liquidate the arrears of rent. The trial Court allowed the application vide order dated 1.10.2001 and directed the petitioners herein to deposit the arrears of rent amounting to Rs. 17,200/ - within fifteen days from the date of order with a further direction to deposit the monthly rent of Rs. 400/ - by 15th of next following month. The petitioners -defendants, however, deposited the arrears of the rent and also future rent for some time but thereafter defaulted in the payment of monthly rent, effective from January, 2003, which led to filing of application by the plaintiffs, seeking indulgence of the trial court to strike off the defence of the petitioners -defendants for not having complied with the trial court order dated 1.10.2001. This application of the respondents -plaintiffs has been allowed and the defence of the petitioners -defendants has been struck off vide order dated 10.3.2004, correctness of which has been impugned in this revision petition.

(3.) I have heard the learned counsel for the respective parties in extenso and also gone through the order impugned carefully. The main plank of petitioners contention revolves round a narrow compass and pertains to the interpretation of word "shall" placed in Section 12(4) of the J&K Houses and Shops Rent Control Act, 1966 (for short 'the Act hereafter). The sole controversy raised in this revision petition is whether the provisions of Section 12(4) of the Act are directory or mandatory and whether in default of payment of monthly rent, striking off of defence is imperative. It is advantageous to reproduce sub section (4) of Section 12 of the Act, which reads as under: - -