( 1 ) THIS is a writ petition whereby the petitioner primarily challenges the provisions of Sections 4, 6, 9 of Delhi Rent Control Act, 1958 being violative of Articles 14,19 (1) (g) and 21 of the Constitution of India. The petitioner also seeks a direction to the first respondent to rationalise the provisions of Delhi Rent Control Act so that the petitioner is assured of receiving reasonable rent for his properties let out to the tenants.

( 2 ) THE petitioner is the owner of a building bearing No. 40-42, Janpath, New delhi. It is claimed that the said building was completed in the year 1938 at a cost of rs. 2,50,362. 50 and the same was let out to various tenants about 40-50 years back. The grievance of the petitioneris that under the provisions of the Delhi Rent Control act, 1958 the rent is pegged at a very low level which is highly unjust, unfair and unreasonable. The petitioner claims that his rights under Art. 14, l9 (1) (g) and 21 of the constitution have been abridged by Ss. 4,6 and 9 of the Delhi Rent Control Act, 1958.

( 3 ) IN order to resolve the controversy it will be necessary to notice the impugned provisions and the provisions having a bearing thereon. These provisions read as under:

"2. Definitions - In this Act, unless the context otherwise requires, (a) "basic rent", in relation to premises let out before the 2nd day of june, 1944, means the basic rent of such premises as determined in accordance with the provisions of the Second Schedule; xx XX XX (k) standard rent , in relation to any premises means the standard rent REFERRED TO to in Section 6 or where the standard rent has been increased under Section 7, such increased rent. xx xx xx 3. Act not to apply to certain premises.- Nothing in this Act shall apply, (a ). . . . . . . (b ). . . . . . . (c) to any premises, whether residential or not, whose monthly rent exceeds three thousand and five hundred rupees ; or (d) to any premises constructed on or after the commencement of the Delhi Rent Control (Amendment) Act, 1988, for a period of ten years from the date of completion of such construction. "4. Rent in excess of standard rent not recoverable - (1) Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January, 1939, no tenant shall, notwithstanding any agreement to the contrary, beliable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act. (2) Subject to the provisions of Sub-section (1) any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only. 5. Unlawful charges not to be claimed or received - (1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary. (2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub tenancy of any of premises, (a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or (b) except with the previous permission of the Controller, claim or receive the payment of any sum exceeding one month s rent of such premises as rent in advance. (3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any premises. (4) Nothing in this section shall apply - (a) to any payment made in pursuance of an agreement entered into before the 1st day of January, 1939; or (b) to any payment made under an agreement by any person to a landlord for the purpose o