BHARAT BHUSHAN Vs. BANSI LAL

JUDGEMENT

(1.) THE substantial question of law involved in this second appeal is "as to whether a tenant who has been directed to deposit the rent in terms of section 12(4) of the Jammu and Kashmir Rent Control Act within the specified period, if becomes unable to deposit the same within the period specified on account of valid reasons, can be deprived of the protection of the Rent Control Legislation and his defence liable to be struck out relegating him to the position as if he had not defended the suit."

(2.) THE facts giving rise to the filing of the present appeal are that a suit for ejectment was filed against the appellant by the respondent on the grounds of his personal requirement and legal defaults in the payment of rent within the meaning of section 11 of the J and K Rent Control Act, hereinafter called the 'Act'. During the pendency of the suit, the plaintiff landlord moved an application under section 12(4) of the Act for giving direction to the appellant to pay arrears of rent and also to pay future rent. The trial Court vide its order dated 1.9.1981 passed the following order :

(3.) THE appeal filed by the appellant-tenant was also dismissed by holding that there was no option left for the trial court except to strike out the defence of the tenant when he failed to deposit the rent within the time prescribed under section 12 of the Act.