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1994 Supreme(SC) 880

J. S. VERMA, K. S. PARIPOORNAN, M. N. VENKATACHALIAH
Gauri Shanker: Suresh Gupta: Rajat Roy – Appellant
Versus
Union Of India: Rajdevsingh: Sobha Singh Private LTD. – Respondent


Advocates:
A.K.Sanghi, A.V.Pillai, Atul Sharma, AVADH BIHARI ROHTAGI, D.V.Sehgal, J.D.JAIN, Jayant Bhushan, KAILASH VASUDEV, N.N.GOSWAMY, P.K.JAIN, PURNIMA BHATT KAK, R.K.JAIN, R.K.Khanna, Rajiv Mehta, REKHA PALLI, SUSHMA SURI, T.C.SHARMA, VIJAY LAKSHMI MENON

JUDGMENT

PARIPOORNAN, J.:- In this batch of cases a common question arises for consideration. The petitioners in the different petitions are the legal heirs of "statutory tenants" of residential premises under the Delhi Rent Control Act, 1958, Act 59 of 1958 (hereinafter called the Act). They assail Section 2 sub-section (1), Cl. (iii) of the Act, as introduced by Act 18 of 1976 with retrospective effect as ultra vires and violative of Arts. 14 and 21 of the Constitution of India. The respondents are ( Union of India, The Delhi Administration and the landlords of the respective premises.

2. Writ Petition (Civil) No. 1089 of 1987 is the main case. We will state a few facts of this case in order to understand the scope of the controversy raised in this batch of petitions. There are 6 petitioners in the writ petitions. The petitioners father obtained the rental of the residential premises bearing Municipal No. 1331, First Floor, Baidwana Maliwara, Delhi 6, on a monthly rental of Rs. 40/- some time in the year 1940. The father died on 17-11-1969. Thereafter, the third respondent herein, the owner of the premises filed a suit for possession of the premises against the petitioners and the


















































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