PARO DEVI Vs. BUDHA MAL JAIN

JUDGEMENT

(1.) ON a suit for ejectment filed by the respondent issues were framed on 17 -2 -1982. Issue No. 1 as framed by the trial court was:

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

(3.) A perusal of this sub -section would clearly show that the provisions would be applicable only in a case when the relationship of landlord and tenant is not disputed and not otherwise. In a case where the relationship of landlord and tenant is admitted and the defendant -tenant opts to contest the suit, the plaintiff -landlord has a right to file an application at any stage of the suit for order on the tenant for deposit of rent in terms of the provisions of the said sub -section. In a case where an issue has been framed regarding the relationship of landlord and tenant no direction -can be given for deposit of rent in terms of sub -sec. (4) of sec. 12 of the Act because that would amount to pre -judging the issue. In Sohan Lal and Ors. Vs. Smt. Shail Mangotra, 1985 299 : Where the issue was framed regarding the relationship of the landlord and tenant between the parties it was held :