WAHID-UD-DIN AND ANR Vs. SANATHAN DHARAM SABHA

JUDGEMENT

(1.) This is an application to revise the order dated 5th March, 1969, of the Sub Judge, Baramulla, striking off the defence of the petitioners in terms of Section 12(4) of the Jammu and Kashmir Houses and Shops, Rent Control Act (hereinafter referred to as the Act) for their failure to deposit Rs. 1070.93/- the amount due as arrears of rent of the shop in question till 22-7-1968 and the rent due month by month thereafter at the rate of Rs. 50/- per month.

(2.) Mr. Tassaduq Hussain appearing for the petitioners has urged that the trial court has erred in striking out the defence of the petitioners as section 12(4) of the Act is not applicable to the present case. According to the learned counsel the said provision is attracted only in case of a suit for ejectment of a tenant from any house or shop on the ground of arrears of rent and not on any other ground.

(3.) Mr. Bhan, learned counsel appearing for the plaintiff-respondent, has on the other hand submitted that Section 12(4) of the Act is an independent provision and governs every suit for ejectment of a tenant from any house or shop on any ground whatsoever.