TEJ SWAROOP ABROL Vs. VISHWA NATH KUNDAL

JUDGEMENT

(1.) Petitioner, Tej Swaroop Abrol, has filed this petition u/art. 104 of the Constitution of State of Jammu and Kashmir, seeking quashment of interim order dated 18.02.2010 passed by the Sub Judge (C.J.M.), Jammu (hereinafter referred to as "Trial Court"), whereby Trial Court, while allowing application filed by respondent herein, u/s. 12(4) of the J & K Houses & Shops Rent Control Act, directed petitioner to clear the arrears of rent immediately and the matter was directed to be listed on 15th March, 2010. Feeling aggrieved, petitioner has come up with present petition.

(2.) The facts in short are that petitioner herein is tenant of respondent with respect to a Shop situated at Janipur, Jammu, which he took on rent in the month of June, 2007. As per the averments made in the writ petition, the agreed monthly rent was Rs. 4400/-. When petitioner failed to pay the rent regularly, respondent-landlord filed an application before Trial Court in the month of April 2009, seeking a direction to petitioner-tenant to clear the arrears of rent and also to pay the rent regularly. Meanwhile, petitioner-tenant also filed an application before the Trial Court u/s. 27 of the Houses and Shops Rent Control Act, 1966, seeking a direction to respondent-landlord to make repairs in the rented premises. Before the Trial Court could decide the application to clear the arrears of rent, the petitioner-tenant in order to counter the claim of respondent-landlord also filed an application, seeking fixation of 'fair rent' in the month of August 2009. The petitioner-tenant claimed before the trial court that as per his estimation the approximate 'fair rent' of the rented out premises was Rs. 1500/- per month.

(3.) It is contended that the order, impugned herein, has been passed by the trial court without jurisdiction and without applying application of mind because the trial court without deciding the main issue as regards fixation of 'fair rent, directed the petitioner-tenant to clear the arrears of rent, which amounts to deciding the main matter. Therefore, as per the averments made in the petition, the trial court while directing the petitioner-tenant to clear the arrears of rent has deviated from the main issue.