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2013 Supreme(Del) 311

SANJAY KISHAN KAUL, INDERMEET KAUR
Olive Marques – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Mr. E.R. Kumar & Mr. Faisal Sherwani, Advs.
Mr. Asish Nischal, Adv for R-1/UOI.

JUDGMENT

INDERMEET KAUR, J.

1. The petitioners have filed the present writ petition under Article 226 of the Constitution of India laying a challenge to Chapter III-A of the Delhi Rent Control Act, 1958 (hereinafter referred to as the ‘said Act’) inasmuch as it provides a summary procedure which procedure has been made applicable to tenants, both of residential premises as also non-residential premises; submission being that Section 25-A to Section 25-C which are contained in Chapter III-A of the said Act are unconstitutional and violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India. A second prayer has been made to quash the proceedings pending before the Additional Rent Controller (ARC) as this summary procedure which has been adopted by the ARC is ultra vires and is liable to be struck down.

2. Record shows that an eviction petition under Section 14 (1)(e) read with Section 25-B of the said Act has been filed by the landlord Mohd. Haroon Japanwala (respondent No. 4) seeking eviction of his tenants/petitioners from shop No. G-14, Marina Arcade, Connaught Circus, New Delhi (hereinafter referred to as the ‘said premises’). The original tenant was Mr. Salazar Luis






























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