CHINTAPALLI ACHAIAH Vs. P GOPALAKRISHNA REDDY

JUDGEMENT

(1.) The question which must essentially he answered in this enquiry is whether Section 32(b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 15 of 1960 thereinafter called the Act) is violative of Article 14 of the Constitution.

(2.) The material facts are that the petitioner instituted a suit, O.S. 19/63 in the Court of the Chief Judge, City Civil Court, Hyderabed, for a declaration that he is the tenant within the meaning of Section 2 (ii) of the Act and therefore is entitled to the protection afforded there under. The respondent who is the landlord instituted O.S. No. 20/0.3 against the petitioner before the same Court for possession of the suit property contending that us the suit building was constructed in 1960 it is exempted from the operation of the Act. The Chief Judge framed the following common issue in both the suits:

(3.) Now Article 14 has been construed in several cases by the Supreme Court and various High Courts. The difficulty therefore is not about the ascertainment of the principles enunciated in those cases. The real difficulty arises in applying those principles to the, cases arising now and then. In substance the principle underlying Article 14 is that it does not prohibit the Legislature from classifying persons or things, or from setting up different classes to some of which the law may apply, while to others it may not. But in order that such a classification may be constitutionally valid, it must be based on some, rational basis. It must be intelligible classification. It is also necessary that the basis of such a classification must have some rational nexus with the object which the legislation is intended to achieve.