VIJAY KUMAR Vs. B. K. THAPPAR

JUDGEMENT

(1.) IN the Civil original suit entitled Vijay Kumar and another Versus B.K. Thappar and another relating to ejectment of the defendants from the suit premises pending before the learned Single Judge of this court the defendants moved an application praying that proceedings in the suit be suspended in view of the Presidential Order dated 27th June, 1975/29th June, 1975, issued under Article 359 (1) of the Constitution of India suspending inter alia the enforcement of fundamental rights guaranteed under Article 14 of the Constitution of India. The prayer is grounded on the plea that an important question relating to the constitutionality of the provisions of Section 1 (3) (iii) of the Houses and Shops Rent Control Act, 1966, (hereinafter referred as the "Rent Control Act") is the subject matter of an issue in the case. The impugned provision is violative of Article 14 of the Constitution. The defendants' case is that as the enforcement of the right claimed has been suspended, therefore, the proceedings in the suit will remain suspended till the enforcement of the Presidential Order.

(2.) THIS application was contested by the plaintiffs on the ground that the true effect of the Presidential Order was that proceedings in the Suit will continue notwithstanding the objection raised by the defendants with regard to the constitutionality of the impugned provision of the Rent Control Act. According to the plaintiffs such a plea was liable to be dismissed as incompetent on account of the order itself. The learned Single Judge felt that the question raised before him was of vital importance and the decision bearing on it was likely to affect a large number of pending cases, he therefore referred the question to a large Bench for consideration and decision. This is how the case has come up before the Full Bench.

(3.) COUNSEL appearing on either side have relied upon AIR 1964 SC 173, AIR 1964 SC 381, AIR 1966 SC 740, and AIR 1970 SC 1275.