ABDUL AHAD NAJAR Vs. POSHKAR NATH NEHRU

JUDGEMENT

(1.) By this order, I propose to dispose of all the three civil revisions referred to hereinabove. These revisions are directed against the order passed by the Court of City Judge, Srinagar in Civil Suit Nos. 22, 23 and 24 titled Poshkar Nath Nehru v. Abdul Ahad Najar, Poshkar Nath Nehru v. Gh. Ahmad Najar and Poshkar Nath Nehru v. Khaliq Najar.

(2.) In order to appreciate the matter at controversy, in its correct perspective, the brief facts of the case require to be narrated.

(3.) In a suit for ejectment pending in the trial court, application came to be filed under section 12 (4) of the J and K Houses and Shops Rent Control Act, seeking a direction from the court, asking tenants to deposit arrears of rent and also to pay monthly rent in the Court. The said application was resisted by the tenants on the count that the tenants have deposited whatever rent was due from them before the Rent Controller. The trial Court having returned a finding that the deposit of rent before the Rent Controller could not be treated as valid deposit so as to resist the application or defeat the application filed under the provisions of Section 12 of the J and K Houses and Shops Rent Control Act.