Jammu and Kashmir Court December 1979 Judgments
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Gwasha Lal and anr. Vs. Harji Lal and anr.
Court: Jammu and Kashmir
Decided on: Dec-13-1979
Reported in: AIR1980J& K36
Mufti, J.1. These references arise under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966. The questions referred to the Full Bench are as under:--(1) Is Sub-section (4) of Section 12 of the Act applicable to suits wherein ejectment of the defendant has been based also on the grounds other than the ground of non-payment of rent ? (2) What is the scope and ambit of enquiry which the court is required to make before passing an order under Sub-section (4) of Section 12 of the Act? 2. There is a difference of opinion in this Court as to the type of suits in which Sub-section (4) of Section 12 would apply. One view is that this sub-section is limited to suits in which eviction of the tenant is claimed solely on the ground of non-payment of rent as contemplated by Clause (i) of proviso to Sub-section (1) of Section 11. To this effect is the view expressed by a Division Bench in Gurcharan Das v. Bodh Raj, AIR 1954 J & K 48. This view has been followed in the subsequent single Ben...
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