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2007 Supreme(AP) 498

RAMESH RANGANATHAN, G.S.SINGHVI, G.BHAVANI PRASAD, G.YETHIRAJULU, C.V.NAGARJUNA REDDY
RAMVILAS BAJAJ – Appellant
Versus
ASHOK KUMAR – Respondent


Advocates Appeared: A.P.Venu Gopal, A.TULSI RAJ GOKUL, ANAND KUMAR KAPOOR, Ashfaq Ahmad, BASITH ALI YAVAR, D.PRAKASH RAO, D.PRAKASH REDDY, FAZAL YOUSUFFUDIN, M.A.BASITH, M.A.RASHEED QURESHI, M.PAPA REDDY, M.RAMESH, M.Y.K.RAYUDU, NAZIR AHMED KHAN, PRATAP NARAYAN SANGHI, R.A.Achuthanand, R.CHANDRASHEKARA REDDY, SHARAD SANGHI, V.RAVINDER RAO, V.S.R.ANJANEYULU, VILAS V.AFZUL PURKAR, VINOD KUMAR

C. V. Nagarjuna Reddy, J.

( 1 ) (PER Honble Justice C. V. Nagarjuna reddy) on behalf of the Honble the chief Justice and the Honble dr. Justice G. Yethirajulu, the Honble justice G. Bhavani Prasad and himself. Issue under reference: whether Section 32 (c) of the Andhra pradesh Buildings (Lease, Rent and Eviction) control Act, 1960 (for short, the Act) as brought into force by Section 3 of the Andhra pradesh Buildings (Lease, Rent and Eviction) control (Amendment) Act, 2005 (hereinafter referred to as the Amendment Act) has effect on the cases pending on the date of its coming into force is the question referred for the consideration of the Larger Bench. The Background Facts:

( 2 ) SECTION 32 (b) of the Act, which exempted buildings constructed on or after 26-8-1957, was held unconstitutional as being violative of Article 14 of the Constitution of india by the Supreme Court in Motor General traders v. State of Andhra Pradesh. In order to fill up the void created by the said judgment with regard to provision for exemption of new buildings from the application of the Act, the Government of andhra Pradesh in exercise of its power under section 26 of the Act issued G. O. Ms. No. 636 da

































































































































































































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