HARBILAS RAI BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER (Harbilas Rai Bansal) is owner and landlord of a shop situated in Mandi Giddarbaha, Ward No. 4, Old Subzi Mandi. Respondent No. 2 Avtar Krishan Arora is a tenant in the said premises. On 11. 10. 1949 Rent Controller, Muktsar is alleged to have fixed the fair rent of the said premises at Rs. 12/- per month keeping in view (he rates of rent prevalent in the locality for similar shops under similar circumstances for the year 1938. By virtue of the present petition the petitioner challenges the vires of Section 4 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') to be violative of Articles 14 and 19 of the Constitution of India because as per the petitioner it restricts his rights to increase the rent despite there being a normal increase in the rent prevalent in the locality for similar shops.

(2.) NEEDLESS to say that in the reply filed respondent No. 2 contests the assertions in law alleged by the petitioner. There is no controversy about the facts that respondent No. 2 is a tenant and that fair rent was fixed at Rs. 12/- per month by the Rent Controller, Muktsar but it is denied that provisions of Section 4 of the Act are ultravires of Articles 14 and 19) of the Constitution.

(3.) DETERMINATION of fair rent.