G D SONI Vs. S N BHALLA

JUDGEMENT

(1.) THE question that is required to be determined by this Bench is whether or not Section 7-A read with Schedule IV of the Delhi and Ajmer-Merwara Rent Control Act, 1947 contravenes and violates Article! 14 of the Constitution.

(2.) THE facts which have led to the raising of this question are these. S. N. Bhalla is the owner of the residential premises constructed on plot No : 17a/ 35, Western Extension Area, Karol Bagh, new Delhi; The construction of these premises was admittedly not completed before the commencement of the 1947-Act on 24-3-1947 nor were they let to a tenant before that date. S. N. Bhalla let the premises on lease to G. D. Soni who agreed to pay rent at Rs. 175/-per mensem excluding house-tax. During the tenancy Soni applied for fixation of standard rent under pection 7-A read with Schedule J,v of the 1947 Rent Control Act. The Controller fixed the standard rent at Rs. 110/- which was ultimately raised by this Court to Rs. 124/-8/- by order dated 3-5-1953. After the fixation of this standard rent a Division Bench of this Court decided British Medical stores v. Bhagirath Mal (S) AIR 1955 Punj 5. Thereafter when the tenant offered standard rent to the landlord he refused to accept it and insisted that the tenant must pay contractual rent on the ground that the fixation of standard rent under Section 7-A was void. The tenant on his part refused to comply with this demand. Thereupon the landlord in March 1955 filed the present petition out of which these proceedings have arisen for the tenant's eviction on the grounds (1) of non-payment of rent and (2) that the landlord required the premises for his own occupation.

(3.) THE trial Court dismissed the petition with the findings that the tenant had offered and deposited the standard rent fixed by courts and further that the landlord did not require the premises for his own occupation. On appeal the Additional District Judge affirmed the trial court's finding that the landlord did not require the premises for his own occupation but remanded the case for fixation of standard rent on the g round that previously the standard rent had been fixed under provisions which had been held to be unconstitutional by the High Court in bhagirath Mal's case (S) AIR 1955 Punj 5. Dissatisfied with this remand order the tenant filed this second appeal in this1 Court.