LAWS(KAR)-2000-6-22

ARUN BALAVANT CHANDAGADKAR Vs. KHUTUBUDDIN SHABHAKHAN PATHAN MAJOR

Decided On June 27, 2000
ARUN BALAVANT CHANDAGADKAR Appellant
V/S
KHUTUBUDDIN SHABHAKHAN PATHAN,MAJOR Respondents

JUDGEMENT

(1.) THESE two writ petitions filed challenging the constitutional validity of S. 14 (6) and S. 14 of the Karnataka Rent Control Act, 1961 (hereinafter called the 'act'), are consolidated for the purpose of disposal by a common order.

(2.) ). In W. P. No. 9499/88 the constitutional validity of S. 14 (6) of the Act is challenged on the ground that the provision is arbitrary, and has, in any event, after a long lapse of time, become unrelated to the realities of life and cannot be sustained. In W. P. No. 22249/90 the validity of S. 14 of the Act is challenged on the same ground that the determination of the fair rent in relation to a situation existing as on 1947, has by lapse of time, become arbitrary and is productive of negative income to the landlord.

(3.) SECTION 14 of the Act reads as follows :section 14 : Fixation of fair rent etc. :-