MEWA DEVI Vs. LALA SRI KISHAN DAS

JUDGEMENT

(1.) The question involved in the appeal relates to the wires of Section 2(1) of the Delhi Rent Control Act amended vis-a vis Article 14 of the Constitution of India inasmuch as by this definition of the expression 'tenant' the tenancy in relation to premises let for residential purposes is heritable to a limited extent whereas the tenancy in relation to premises not let for residential purposes is not so. This definition in Section 2(1) has been introduced with retrospective effect.

(2.) The question has arisen in view of the order of reference dated 5th March, 1981 passed by Wad, J. while hearing Regular First Appeal No. 521/ 69. Regular First Appeal No. 211 of 1981 is also placed before the Full Bench in view of the order of Goswamy, J. dated 30th November, 1981 directing this appeal to be heard along with RFA. No. 521/69.

(3.) For understanding the controversy, we are giving salient facts of RFA No. 521/69.