Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India-Article 14-Scope of-Classification-There must be nexus between basis of classification and object of Act-East Punjab Rent Restriction (Amendment) Act, 1956-Validity of East Punjab Urban Rent Restriction (Amendment) Act, 1956-Constitutional validity of-Eviction from non-residential building on ground of bonafide requirement-Barred by Amendment Act-Classification created by Amendment Act between residential and non-residential building-No reasonable nexus with object sough to be achieved by the Act-Provisions of Amendment liable to be struck down. The non residential premises in dispute was given on rent by the appellants' father to the predecessor-in-interest of respondent 2. After the death of appellants' father in 1953 the appellant became owner of the shop. According to the appellant he was a Registered Medical Practitioner under the homoeopath system of medicines and intended to start practice and for that purpose he bonafide required that shop for his personal use and occupation. The East Punjab Urban Rent Restriction Act, 1949, prior to 1956, permitted a landlord to evict bis tenant from a non-residential building on the ground of bonafide requirement for his own use. However, that right of the landlord was taken away by the East Punjab Urban Rent Restriction (Amendment) Act, 1956. A writ petition challenging the Amendment was dismissed by the High Court in limine. This appeal, by way of special leave, was filed against the order of the High Court, challenging the constitutional validity of the Amendment. The appellant contended that the provisions of the Amendment are violative of Article 14 of the Constitution of India as the classification of the buildings into residential and non-residential created by the amendment has no reasonable nexus with the object sought to be achieved by the Act; that the taking away of the landlords right to seek eviction of his tenant, from a non-residential premises, on the ground of his bonafide requirement is wholly arbitrary and as such is hit by Art. 14 of the Constitution. The respondent contended that a tenant occupying non- residential premises and the one occupying residential premises belong to two different classes under the Act and as such no fault can be found with the amendment. Allowing the appeal |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1995 INSC 841 |
Petitioner | Harbilas Rai Bansal |
Respondent | State Of Punjab And Anr. |
SCR | [1995] Supp. (6) S.C.R. 178 |
Judgement Date | 1995-12-05 |
Case Number | 4574 |
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