SOHAN LAL Vs. SHAIL MANGOTRA

JUDGEMENT

(1.) A suit for ejectment was filed by the plaintiff respondent against the petitioners defendants with respect to a shop. The suit was resisted by the petitioners defendants on various grounds including the ground that the defendants were not the tenants of the plaintiffs. Various issues were raised in the suit. Issue No. 1 was raised in the following terms : -

(2.) DURING the pendency of the suit, an application under section 12(4) of the J&K Houses and Shops Rent Control Act (hereinafter called the Act) was moved by the plaintiff respondent before the trial court. The application was resisted by the petitioners defendants, primarily, on the plea that till the issue No. 1, as noticed above, was decided, no orders under sec. 12(4) of the Act should be passed by the court Reliance in this respect was placed by the petitioners -defendants on a judgment of the Single Judge of this court reported in 1983 Srinagar Law Journal 216. In the said judgment, it was held by the learned Single Judge that:

(3.) THE learned trial Judge vide judgment impugned in the revision petition dated 3. 1. 1984, noticed the aforesaid ruling, of this High Court (1983 S.L.J. 216), but, on a concession made by the learned counsel for the petitioners -defendants to the effect that they were ready to deposit the rent but that the plaintiff -respondent should not be allowed to withdraw the rent till the suit is decided, disposed of the application filed by the plaintiff -respondent under sec 12(4} of the Act with observations : -