KRISHAN LAL SUDAN Vs. RAJESH KOHLI

JUDGEMENT

(1.) DURING the currency of a suit for ejectment filed by respondent Rajesh kohli against the petitioner tenant, Learned sub-ordinate Judge, Jammu, the trial Court passed an Order under Section 12 (4) of the jammu and Kashmir Houses and Shops rent Control Act, 1966 directing the petitioner-defendant to deposit the arrears of rent of the shop from January, 2007 onwards as also the monthly rent before 5th of every month, in the Court, on 3-4-2007. Failure of the petitioner to comply with the order resulted in trial Court's passing an order on 14-5-2007 striking out the tenant's defence. This Order was passed by the trial court treating the provisions of Section 12 (4)of the Jammu and Kashmir Houses and shops Rent Control Act as mandatory.

(2.) AGGRIEVED by these two Orders, the petitioner tenant has come to this Court in these two Revision Petitions. He questions order dated 3-4-2007 in Civil Revision No. 68/07 and Order dated 14-5-2007 in Civil revision No. 67/07.

(3.) PETITIONER's grievance in Civil Revision no. 68/2007 is that the trial Court was not right in passing the impugned order unless the issue framed by it as to whether there existed relationship of landlord and tenant between the parties to the suit had been decided in favour of the respondent. The Order impugned in Civil Revision No. 67/2007 has been questioned on the ground that the trial Court had erred in not considering the explanation of the petitioner which had disabled him to comply with the terms of order dated 3rd of April, 2007 and in treating the provisions of Section 12 (4) of the Jammu and Kashmir Houses and Shops Rent Control Act as mandatory.