THAKUR DASS Vs. BALKRISHAN

JUDGEMENT

(1.) The revision application in this case is directed against an order of the Sub Judge, Reasi, dated May, 9, 1973 by which he has held that the provisions of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 Oct No. XXXIV of 1966) did not apply to the present case.

(2.) The short facts which have given rise to the present revision briefly stated are as follows :

(3.) Mr. Grover appearing for the petitioner has mainly relied on the definition of the word 'tenant' as given in the Act and his contention is that irrespective of the question whether the aforesaid notification was retrospective or not, the moment the Act was extended to Katra the petitioner would be a tenant within the meaning of the word 'tenant' as given in the Act, thus he will be entitled to the protection as will as to the privileges under the Act and this would mean that he would have a protection of Sec. 11 of the Act. Basing his argument on this point, he has submitted that although there was it determination of the tenancy but since the petitioner was still in possession so he would be a tenant within the meaning of the Act. The first Proviso to Sec. l(2) of the Act lays down as follows :