RAM NATH Vs. STATE OF J AND K

JUDGEMENT

(1.) The tenant of a building against whom proceedings are pending under the J. & K. Houses and Shops Rent Control Act, has filed this writ petition, challenging the validity of Sub-section (4) of Section 12 of the Act and praying that the word "shall" occurring in that section should be interpreted to mean "may".

(2.) Heard the counsel for the petitioner and that of the 2nd respondent. This writ petition is the finale of the various methods adopted by the petitioner to protract the rent control proceedings pending against him for ejectment He failed to deposit the rent as directed in the rant control suit. Necessary consequences as laid down in Section 12 (4) of the Act followed. I do not think it necessary to go into the further details of the proceedings in the suit since it is not necessary for the disposal of this writ petition.

(3.) The challenge against Sub-section (4) of Section 12 of the Act is based on its violation of Article 14 of the Constitution of India. To understand these contentions it is necessary to quote Section 12 (4):