1. In the Civil original Suit entitled Vijay Kumar and another Versus B. K. Thappar and another relating to eject­ment of the defendants from the suit premises pending before the learned Single Judge of this court the defendants moved an application praying that proceedings in the suit be suspended in view of the Presidential Order dated 27th June, 1975/29th June, 1975, issued under Article 359 (1) of the Constitution of India suspending inter-alia the enforcement of fundamental right guaranteed under Article 14 of the Constitution of India. The prayer is grounded on the plea that an important question relating to the constitutionality of the provisions of Section (1)(3) (iii) of the Houses and Shops Rent Control Act, 1966. (hereinafter referred as the "Rent Control Act") is the subject matter of an issue in the case. The impugned provision is violative of Article 14 of the Constitution. The defendants case is that as the enforcement of the right claimed has been sus­pended, therefore, the Proceedings in the suit will remain sus­pended till the enforcement of the Presidential Order.

This application was contested by the plaintiffs on the ground that true effect