AIR 1980 JAMMU AND KASHMIR 36

Jammu And Kashmir High Court

Hon'ble Judge(s): Jalal-ud-din , C.J. AND Mufti Baha-ud-din, Ghulam Mohd. Mir , JJ

(A) Jammu and Kashmir Houses and Shops Rent Control Act (34 of 1966) , S.12(4)— Scope and applicability of S.(4) - Whether limited to such suits alone in which eviction is claimed solely on ground of non-payment of rent. AIR 1854 J and K 48; 1970 RCJ 916 (J and K); 1973 J and K LR 445 and 1977 J and K LR 427 : AIR 1977 NOC 368 (J. and K.), Overruled. Application of Sub-S. (4) of S.12 is not limited to such suits only in which eviction is claimed solely on ground of non-payment of rent. It would be applicable to the suits for evictions contemplated by Sub-Sec. (1) of S.11 generally irrespective of the fact whether eviction is claimed on the ground of non-payment of rent under cl.(i) or on any other ground mentioned in cls. (a) to (h) or on any of these grounds in addition to the ground of the non-payment of rent.(Para 16) The Sub-Section opens with the words "if the tenant contests the suit as regards the claim for ejectment." These @page-JK37 words, indicate that this Sub-Section refers back to the suit as contemplated by proviso to Sub-S. (1) of S.11. On principle too, this appears to be the true sense of the words. For the principle of this Sub-Section is that the tenant should have the right to oppose landlords' claim for ejectment only so long as he pays the current and the arrea....