1. This revision arises out of an order dated 29.1.2005 passed by the Ist Additional Munisff (Forest Magistrate), Jammu allowing application of respondent/plaintiff under section 12(4) of the J&K Houses and Shops Rent Control Act, 1966( hereinafter called the Act) whereby the trial court has directed the petitioner/tenant to pay the arrears of rent amounting to Rs. 1,23,000/- from September, 1999 to January, 2003 within a period of 15 days from the date of order and also to deposit month to month rent before 15th of every month.

2. Briefly stated the facts as emerge from the record are that, the petitioner herein was a tenant under one Kunj Lal Gandotra at Ist Floor of House No. 733, Prem Nagar, New Plots, Jammu. The landlord filed a suit for eviction against the petitioner on three grounds: (i) that the premises in question is not being used by the defendant for more than seven consecutive months; (ii) that the premises is reasonably required by the plaintiff for his personal use and occupation; and (iii) that the defendant has committed three defaults within a period of 18 months . The defendant/petitioner after appearing in the suit , filed his written statement. During the pende

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