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1964 Supreme(All) 11

R. S. PATHAK, M. C. DESAI
Haji Mohd Shafi – Appellant
Versus
1st Addl. Munsif – Respondent


Advocates:
V. K. Barman, for Appellant.

Judgement

DESAI, C.J. : The question raised before as in this appeal is whether S. 1-A introduced in the U.P. (Temporary) Control of Rent and Eviction Act, 1947, by Second Amendment Act No. 9 of 1961 hits Art. 14 of the Constitution or not. The Act as originally enacted in 1947 controlled letting of all existing and future houses. The letting was controlled by placing restrictions upon landlord's powers to let out houses, to enhance rent and to eject tenants subsequently it was found by the State that this control prevented persons from constructing new houses because on account of it they did not expect to make as such profit from the construction as they could from other investments. Hence the Legislature enacted Act No. 9 of 1951; in the Statement of Objects and Reasons it was expressly stated that the working of the Act has shown that "control over new buildings has retarded the construction of new buildings". Section 1-A was added laying down that the Act would not apply to buildings under construction, or constructed after 1-1-1951. What was contended by Sri Barman is that this reason that controlling new houses retarded the construction of new houses has nothing to do with th

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