SAILENDRA NATH GHOSAL Vs. S ENA DUTT

JUDGEMENT

(1.) The above cases have been heard by us on the preliminary point, involving consideration of the vires of Section 4, read with Section 13 of the West Bengal Premises Tenancy (Second Amendment) Act, 1969, whereby new Sub-section (3A) was inserted in Section 13 of the West Bengal Premises Tenancy Act, 1956, with retrospective effect so as to apply to pending proceedings.

(2.) The constitutional validity of the above Sub-section (3A) has been challenged before us on the ground that it offends Articles 14 and 19 (1) ff) of the Constitution. It has been contended further that, even if the said provision be not ultra vires in itself, it will be ultra vires under the said Articles, when read with Section 13, as Section 13 of the Amending Act makes provisions of Sub-section (3A) (Section 4 of the Amending Act) retrospective and applicable to pending suits and appeals.

(3.) It is contended on behalf of the landlords that the impugned sub-section is ultra vires under Article 14 of the Constitution as classification of landlords into owner-landlords and transferee-landlords is arbitrary and not a rational classification and has no nexus to the object, sought to be achieved by the amendment in question.