RAJESH KOHLI Vs. MADAN KISHORE PHULL

JUDGEMENT

(1.) THIS revision is directed against the order passed by City Judge, Jammu dated 12.02.1998. By this order, application under Section 12(4) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966, (hereinafter referred to as the Act) has been partly allowed. lt is against that part of the order whereby part of the relief claimed has been declined, that the petitioner has filed the present Revision Petition.

(2.) RECORD of the case shows that a suit for possession by ejectment came to be filed by the petitioner in the Court below against the respondent. Premises in dispute is a shop situated at Gali Katyalan, Purani Mandi, Jammu as detailed in the plaint. Parties were not at variance, monthly rent of the premises is Rs. 475/ - Similarly it is also not in dispute that rent deed was executed between the parties. Decree is prayed for by the petitioner on the ground of non -payment of arrears of rent as well as personal necessity as also tenancy having expired by the efflux of time. This eviction suit is being contested and resisted by the respondent before the Court below, where parties have joined issue.

(3.) SINCE the rent was not forth -coming, as such, an application under Section 12(4) of the Act came to be filed by the petitioner. Stand of the petitioner in that application was that since the respondent has not paid the rent, therefore, he may be called upon to pay the arrears within fifteen days of the determination and continue paying the rent by 15th of every month as required under law, This application also came to be contested and resisted as according to the respondent, he was not in arrears of rent as claimed by the petitioner. He pleaded payment as detailed in his written statement upto 17.6.1997. For the subsequent period upto 9/97, respondent pleaded that he has deposited the rent with the Rent Controller, receipt whereof was attached. Regarding rest of the period, it was ordered by the Court below that he will deposit Rs. 1900/ - being the arrears of rent of October, 1997 to January, 1998 within fifteen days and thereafter to deposit the same every month at the rate of Rs. 475/ - month by month by 15th day of the next following month.