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B. N. AGARWAL, G. S. SINGHVI
Satyawati Sharma (Dead) by LRs. – Appellant
Versus
Union of India – Respondent
JUDGMENT
G.S. Singhvi, J. —
1. Whether Section 14(1)(e) of the Delhi Rent Control Act, 1958 (for short ‘the 1958 Act’) is ultra vires the doctrine of equality enshrined in Article 14 of the Constitution of India is the question which arises for determination in these appeals.
2. For the sake of convenience, we have noted the facts from Civil Appeal No.1897 of 2003:
(i) On August 18, 1953, Delhi Improvement Trust leased out a plot of land measuring 184 sq. yards situated at Basti Reghar, Block ‘R’, Khasra Nos. 2942/1820 to 2943/1820 to Shri Jagat Singh son of Pt. Ram Kishan. In terms of Clause 4(c) of the lease deed, the lessee was prohibited from using the land and building (to be constructed over it) for any purpose other than residence, with a stipulation that in case of breach of this condition, the lease shall become void.
(ii) After constructing the building, the lessee inducted Shri Jai Narain Sharma and Dr. Ms. Tara Motihar, as tenants in two portions of the building, who started using the rented premises for running watch shop and clinic respectively.
(iii) Smt. Satyawati Sharma (appellant herein), who is now represented by her LRs, purchased property i.e. house bearing
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