( 1 ) THE question which must essentially he answered in this enquiry is whether Section 32 (b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 15 of 1960 thereinafter called the Act) is violative of Article 14 of the Constitution.

( 2 ) THE material facts are that the petitioner instituted a suit, O. S. 19/63 in the Court of the Chief Judge, City Civil Court, Hyderabed, for a declaration that he is the tenant within the meaning of Section 2 (ii) of the Act and therefore is entitled to the protection afforded there under. The respondent who is the landlord instituted O. S. No. 20/0. 3 against the petitioner before the same Court for possession of the suit property contending that us the suit building was constructed in 1960 it is exempted from the operation of the Act. The Chief Judge framed the following common issue in both the suits:"whether Section 32 (b) of the Act is unconstitutional, invalid and inoperative in view of the provisions of Article 14 and Article 19 of the Constitution of India?"the petitioner submitted an application, I. A. No. 91/64 under Section 113 read with Order 46 Rule 1 C. P. C. to refer the question involved in the said