High CourtsSingle Bench(2023) 10 J&K CK 0017

Cooperative School Of Education And Research Ltd. Insitute Limited, Jammu vs Daya Krishan Sharma And Others

Jammu And Kashmir High Court · Decided on 11 October 2023

HON’BLE JUDGES
Sanjay Dhar, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Case (M) No. 194 Of 2023

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Judgment

6 paragraphs · 286 words

Sanjay Dhar, J

1.

The only grievance projected by the petitioner in this petition is that the learned Principal District Judge, Jammu, while deciding the application of the petitioner seeking permission to repair/renovate the demised premises situated at Ambphalla, Jammu, has not considered the prayer of the petitioner regarding adjustment of the expenditure that may be incurred on the renovation of the demised premises against the arrears of rent, which according to the petitioner is being deposited before District Judge, Jammu.

2.

Heard and considered.

3.

A perusal of the impugned order dated 14.06.2023 reveals that the District Judge, while deciding the application of the petitioner seeking permission to repair/renovate of the demised premises, has allowed the petitioner to do so and at the same time, the petitioner has been restrained from changing the outer structure of the premises. It is noted in the impugned order that the petitioner had made a prayer that expenditure incurred on repair/renovation be adjusted towards the arrears of rent. However, the learned District Judge has not stated anything in the impugned order about the said prayer of the petitioner. It appears that this aspect of the matter has escaped the notice of the learned District Judge while passing the impugned order.

4.

In view of the above, this petition is disposed of with a direction to the learned District Judge to consider the prayer of the petitioner regarding adjustment of the expenditure that may be incurred in renovation/repair of the demised premises towards the rent. This shall, of course, be done by the learned District Judge after hearing the parties.

5.

The petition is disposed of accordingly. A copy of this order be sent to learned Principal District Judge, Jammu.