(1.) Per Hon 'ble Sri Justice C. V. Nagarjuna Reddy) on behalf of the Hon'ble the Chief Justice and the Hon'ble Dr. Justice G. Yethirajulu, the Hon 'ble Justice G. Bhavani Prasad and himself). Issue under reference: Whether Section 32(c) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, 'the Act') as brought into force by Section 3 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 2005 (hereinafter referred to as 'the Amendment Act') has effect on the cases pending on the date of its coming into force is the question referred for the consideration of the Larger Bench. The Background Facts :
(2.) Section 32(b) of the Act, which exempted buildings constructed on or after 26-8-1957, was held unconstitutional as being violative of Article 14 of the Constitution of India by the Supreme Court in Motor General Traders v. State of Andhra Pradesh, AIR 1984 SC 121. In order to fill up the void created by the said judgment with regard to provision for exemption of new buildings from the application of the Act, the Government of Andhra Pradesh in exercise of its power under Section 26 of the Act issued G.O. Ms. No.636 dated 29-12-1983, to be applicable on and from 26-10-1983 (the date on which the Supreme Court struck down Section 32(b) of the Act) whereby it exempted from operation of the provisions of the Act, (a) all buildings for a period of 10 years from the date on which the construction is completed, and (b) buildings, the monthly rent of which exceeds Rs.1,000/-.
(3.) While the said G.O. was in force, the respondents in all these cases (hereinafter referred to as 'the landlords') filed suits for recovery of the respective demised premises. In all the cases, the monthly rent of the premises was above Rs. 1,000/- and the same fell within the exemption clause provided under G.O. Ms. No.636 dated 29-12-1983. Some of the suits were decreed and directions for eviction of the tenants were issued, while other suits were pending on the date of enforcement of the Amendment Act i.e. 28-5-2005. For the sake of convenience, the provisions of Section 32 of the Act as it stood prior to 26-10-1983, G.O. Ms. No.636 dated 29-12-1983, which provided for exemption in place of Section 32(b) consequent on its striking down and Section 32 as introduced by the amendment Act are reproduced below : Section 32 prior to 26-10-1983 G.O. Ms. No.636, dated 29-12-1983 (Exemption from operation of the provisions of the Act) Section 32 as amended by the Amendment Act 2005 32. Act not to apply to certain buildings :-The Provision of this Act shall not apply- (a) All buildings for a period of ten years from the date on which their construction is completed and;
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