Court : Jammu and Kashmir
Decided on : Mar-26-1991
Reported in : AIR1992J& K7
ORDERS.S. Kang, C.J.1. This revision petition is directed against the order dated 3-1-1987, passed by the learned Munsif Sub Registrar, Jammu, whereby he has decided issue No. 3, preliminary issue, against the plaintiff-petitioner.2. The plaintiff-petitioner had filed a suit for ejectment against Kidar Nath, defendant, in relation to residential premises situated in Raghunath Bazaar, Jammu, on various grounds one of them being that the defendant-tenant had committed three defaults within a period of 18 months in payment of the rent in spite of a notice and had incurred a liability for ejectment under Section 11(1)(i) of the Jammu & Kashmir Houses and Shops Rent Control Act, 1966 (hereinafter referred to as the Act).3. The defendant appeared and contested the suit. In his defence he raised a number of pleas. He, inter alia, pleaded that the plaintiff had not served a valid notice as contemplated by Clause (1)(i) of Section 11 of the Act because he had given a notice requiring the defend...
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