GAPPULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution of India.

(2.) IT appears that the applicants were defendants in a suit filed by Hans Raj opposite party under sec. 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The suit was filed in the court of Munsif, West, Jaipur City, as far back as 7th January, 1951, and it is now pending in the court of Munsif, East Jaipur City. The present application was made on the 20th of August, 1952, and the applicants contend that the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is ultra vires of the powers of the Rajasthan Legislature. Among the reasons which they have advanced in the application for the Act being ultra vires, there is one that the Act offends against Arts. 14, 15 and 19 (1) of the Constitution. Learned counsel also said orally that he would submit that the Act is ultra vires because it purports to amend certain laws passed by the Central Legislature.