(1.) The Petitions:
(2.) In the immediate aftermath of the Second World War, especially in the urban areas, the Landlords started exploiting the demand for accommodation, which necessitated the State to step in. To exercise control and ameliorate the situation, the Madras Buildings (Lease and Rent Control) Act, 1949 was enacted. Thereafter, to further regulate the letting, control the Rents payable and prevent unreasonable eviction of Tenants, the State of Tamil Nadu enacted the Tamil Nadu Building (Lease and Rent Control) Act 1960 (Act 18 of 1960), Irani v. State of Madras, 1962 (1) MLJ SC 92.
(3.) The contentions of the Petitioners overlap and are summarised as follows. The earlier Act of 1960 was enacted, keeping in view the Directive Principles contained in Articles 37 to 39-A and the present Act which gives a go-by to the avowed principles leading to an unprotected Contractual relationship, forcing any unconscionable terms on the Tenants cannot stand the scrutiny of Articles 14, 19(1)(g) & 21 of the Constitution of India. The Petitioners, who had become Statutory Tenants under the erstwhile Act are entitled to protection, but, Sec. 47 of the present Act offers no substantive protection and as such, takes away the vested rights and therefore, the impugned enactment is bad in law. The impugned Legislation in the guise of balancing the rights and responsibilities, intrudes into the fields occupied by other Legislations and trespasses beyond the domain of the Legislative power and as such is a colourable Legislation.