SUNIL VERMA Vs. VARINDER SHARMA

JUDGEMENT

(1.) FOR having committed three defaults of two months each in payment of rent within a period of 18 months, a decree/order for eviction of the defendants/appellants from the shop situated at Court Road, Udhampur was passed by the Trial Court on 9.6.2004. Feeling aggrieved by the said decree/order of the trial court, an appeal was filed by the defendants/appellants before the learned District Judge, Udhampur, which was dismissed on 21.9.2007. It is in these circumstances, the present appeal has been filed by the appellants in this court.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) THE appellants have framed seven substantial questions of law in order to seek indulgence of this court in this appeal. The grievance of the appellants is that orders of both the courts below were bad on account of the fact that there was dispute relating to the actual rent which was payable by the appellants and unless the dispute regarding rent is not resolved under Section 11 of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 decree/order cannot be passed. It is stated that respondents were demanding rent as Rs. 230/ - per month, while as the appellants have contested that the payable rent as Rs. 200/ - per month. There is no dispute that defaults were committed by the appellants from September, 1994 to April 1996. The arrears of rent payable by the appellants was claimed by the respondents as Rs. 4,570/ -, whereas the appellants claimed that their liability to pay the rent was Rs. 3000/ -.