P. B. GAJENDRAGADKAR, B. P. SINHA, N. RAJAGOPALA AYYANGAR, T. L. VENKATARAMA AYYAR, K. N. WANCHOO
Ram Lal Kapur And Sons Private LTD. . – Appellant
Versus
Ram Nath – Respondent
Judgment
AYYANGAR, J. : This is an appeal by special leave against a judgment of a learned Single Judge of the Punjab High Court holding that S.7A of the Delhi and Ajmer Rent Control Act, 1947 (hereinafter called the Act) was unconstitutional as violative of the fundamental right guaranteed by Art.14 of the Constitution.
2. The first respondent Ram Nath owns a building in Delhi of which, among others the appellant-company was a tenant. The appellant moved the Rent Controller, Delhi, under S. 7A of the Act for fixation of the fair rent of the portion in its occupation. These proceedings had chequered history which it is not material to set out, but suffice it to say that the Rent Controller, Delhi, computed the fair rent for the entire building at Rs. 565/- p.m. and the fair rent payable by the appellant at Rs. 146/- per month. It is necessary to mention that under the Act the Rent Controller would have had jurisdiction to entertain the appellant s application for the fixation of fair rent and for so fixing it only if the construction of the building in question was completed after March 24, 1947, but if the construction of the building was completed earlier the ordinary, Civil Courts
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