LAWS(SC)-2008-4-25

SATYAWATI SHARMA Vs. UNION OF INDIA

Decided On April 16, 2008
SATYAWATI SHARMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(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:

(3.) The appeal preferred by the appellant was dismissed by Rent Control Tribunal, Delhi vide its judgment dated 10.11.1998. The Tribunal agreed with the Additional Rent Controller that an order of eviction of the tenant can be passed under Section 14(1)(e) only if the premises were let for residential purposes. The Tribunal then held that the portions given to the tenants were being used for non-residential purposes and, therefore, they cannot be evicted on the ground of bona fide need of the landlord.