ISSAC NINAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A question of general public importance involving the constitutional validity of S.5, 6 and 8 of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter called the 'Act', has been posed before us. When this Original Petition came up before a learned single Judge, it has been referred to a larger Bench on account of the general importance of the question. Petitioner is challenging the constitutional validity of S.5, 6 and 8 of the Act.

(2.) S.5 of the Act deals with determination of fair rent for a building leased to a tenant either for residential or non residential purpose. S.6 has imposed a ban against further increase of the rent from what has been fixed by the court as fair rent except in one contingency where some additions or improvements or alternations are made by the landlord to the building. S.8 has imposed a restriction on the landlord from claiming or receiving or even stipulating for payment of rent in excess of the fair rent.

(3.) Petitioner contends that the three provisions together would affect his livelihood as he is depending on the income from the rent of the building let out to different tenants and are hence offensive to Art.21 of the Constitution of India. He further contends that the above provisions are unjust, unreasonable and arbitrary and hence they offend Art.14 of the Constitution. Alternatively, petitioner contends that the above provisions put together amount to unreasonable restriction on his right to carry on the business in renting out buildings and hence they offend Art.19(1)(g) of the Constitution of India.