JUDGMENT - V.A. MOHTA, J.:---Following the ratio in the case of (Motor General Traders and another v. State of Andhra Pradesh)1, A.I.R. 1984 S.C. 121 a Division Bench of this Court in the case of (Prabhakar Tanbaji Rokde v. State of Maharashtra)2, A.I.R. 1986 Bombay 64 had declared as unconstitutional the notification dated 6th February, 1952 issued under Clause 30 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 ("The HRC Order") by which houses used for residential purposes constructed on a site lying vacant on 1st January, 1951 or on a site made vacant on or after that date by demolition of such structure standing on such site, were exempted from the operation of the HRC order on the ground that indefinite continuation of exemption to such houses was arbitrary and discriminatory and, therefore, hit by Article 14 of the Constitution. Point is whether the ratio of those decisions can be extended also to indefinite continuation of outer limits in the matter of fixation of fair rent with relation to cut off date 1st April, 1940 mentioned in Clauses 6(1) and 7(1) of the HRC order.

2. We will first notice the principles laid down in the case of Motor Ge

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