AI Structured Summary
Not yet generated for this judgment
Judgment
This revision is directed against an order dated 611198 passed by the City Munsiff, Srinagar under section 12 (4) of the House and Shops Rent
Control Act. By virtue of this order the defendant has been directed to deposit in the court the arrears of the rent and also to pay future rent at the
rate of ks. 1250 P. M. The order proceeds on the finding that there is a relationship of landlord Mid tenant between the parties In the written
statement filed by the defendant he has denied that a relation hip of landlord and tenant exists between the parties. As a result of this plea one of
the issues framed in the case is, Whether the defendant is a tenant under the plaintiff Before (he determination of this issue, it was not proper for the
trial court to dispose of the application under section 12(4) of the Houses and shops Rent Control Act For, that would amount to prejudging this
issue which was obviously not proper. The court should have allowed the application to remain pending so long as the relevant issue was not
determined. Infect it should have tried this issue as a preliminary issue because it would net be necessary to into the other issues if it is found that
the relationship of landlord and tonal does not exist between the parties. IH the circumstances the impugned order cannot be allowed to prevail It
must be visited and the trial court must be asked to deal with the application only after it has determined the issue as regards the relationship of and
lord and tenant between the parties. This issue must be tried as a preliminary issue Along with issues Nos. 7 & 8 which raise questions as regards
the frame of the suit. Allowing this revision I make an order accordingly. The parties are directed to appear in the trial court on 2951983.