1954 Supreme(Raj) 102
WANCHOO, RANAWAT
Milapchand – Appellant
Versus
Dwarkadas – Respondent
Advocates Appeared:
H.P. Gupta and M.M. Seth, for Applicant; K.S. Hajela, Advocate General
WANCHOO, C. J. —Milap Chand is a defendant in a suit filed by Dwarka Das, opposite party, in the court of Munsif East, Jaipur City. Dwarka Das had taken a house on rent deed, and had agreed to pay Rs. 60/- per month as rent. In November, 1952. Dwarka Das filed a suit under sec. 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, (hereinafter called the impugned Act) for fixation of standard rent. The suit was resisted by the applicant, and one of the main grounds was that the impugned Act was void for various reasons. Issues were framed by the Munsif, and the suit is still pending in that court. An application was made to this court under Art. 228 praying that as the suit involved a substantial question of law as to the interpretation of the Constitution, the determination of which was necessary for its disposal, this court might either dispose of the suit itself, or determine the said question of law and return the case to the court concerned with a copy of its judgment on such question. This application was allowed, and the matter is now before us for determining the question of law, namely whether certain provisions of the impugned Act are void under the Consti
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