Court : Jammu and Kashmir
Reported in : AIR1987J& K89
Shah, J. 1. A Division Bench of this Court in Civil Revision Petition No. 131 of 1980 and Civil Revision No. 1 of 1981, on a reference made by a single Judge of this Court in Civil Revision Petition No. 131 of 1980 ; based on the pronouncement of the Hon'ble Supreme Court in (Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta) reported in AIR 1985 SC 964 interpreting the word 'shall' in the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 by its order dated June 5, 1986 formulated the following question of law : -- 'Whether the word 'shall' occurring in Section 12(4), Jammu and Kashmir Houses and Shops Rent Control Act, 1966 is directory or mandatory and in default of payment of monthly rent by the tenant, the striking out of the defence is inevitable.' And referred the matter for consideration by a larger Bench to have an authoritative pronouncement on the point, hence the case is laid before the Full Bench. 2. The necessity for the reference arosebecause of the judgment of...
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