RAJINDER KUMAR Vs. DEEP KRISHEN DUTTA

JUDGEMENT

(1.) The respondent has filed a suit (being No. 84/1993) in the trial Court of Sub Judge. Jammu, against the petitioner herein seeking a decree for ejectment of shop and also a decree for recovery of arrears of rent. During the pendency at the suit, the respondent/plaintiff moved an application u/S.12(4) of the J and K Houses and Shops Rent Control Act, praying for a direction for payment of Rs.15,066.00 as arrears of rent towards him by the defendant/petitioner, within 15 days. The learned trial Court decided this application vide his order dated 29-10-1994. This order has been challenged by the petitioner /defendant through the medium of present revision.

(2.) It is contended by Mr. Sharma appearing for the petitioner that since a suit had been filed for eviction and also for payment of arrears of rent, an application u/S. 12(4) of the J and K Houses and Shops Rent Control Act, was not maintainable.

(3.) Section 12(4) of the act lays down that when a suit is pending between the tenant and landlord for eviction, the landlord may at any stage of the suit make an application for ordering on the tenant/ defendant to deposit rent month to month at a rate which was last paid, and also the arrears of rent, it any. Section 12(4) of the Act, reads, as under: