NATIONAL TEXTILE CORP Vs. BHAGAT BHUSHAN GUPTA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and decree dated 29.9.1988 remanding the suit of respondent to the trial court for fresh adjudication after framing of two issues.

(2.) THE case of the appellant is that the learned Single Judge was not competent to frame issues in the absence of any specific averments made by the plaintiff in his plaint giving rise to the issues and to remand the case for fresh trial.

(3.) APPELLANT is a tenant of the respondent and defendant in the suit instituted by the latter for the recovery, of Rs. 7,817.25 as damages for use and occupation of the suit premises for March and April, 1980. Respondents case in the suit was that he had leased out a shop situated at Raghunath Bazar to appellant for four years on 20.2.1976 and that he had served a notice on him determining the lease but inspite of that he had not vacated the premises for which he was liable to pay damages for use and occupation of the premises. While resisting the suit, appellant claimed protection under the provisions of the J&K Houses and Shops Rent Control Act and on that basis asserted that he contained to be the tenant in the premises. Two issues were framed by the trial court, viz: