DELHI CLOTH AND GENERAL MILLS LTD. versus S. PARAMJIT SINGH AND ANOTHER

DELHI CLOTH AND GENERAL MILLS LTD. versus S. PARAMJIT SINGH AND ANOTHER

The classification of tenants by annual net income for the purpose of rent control protection is reasonable, has an intelligible differentia, and is rationally connected to the legislative objective of balancing tenant protection for weaker sections with encouragement for building construction. The terms 'income' and 'net income' are sufficiently clear in ordinary usage, and the provision does not violate Article 14 of the Constitution.

Parties
Appellant: DELHI CLOTH AND GENERAL MILLS LTD.; Respondent: S. PARAMJIT SINGH; Respondent: Another (unnamed respondent); Appellant: Appellants in C.A. No. 1370/87 (nationalised bank); Respondent: Respondents in C.A. No. 1370/87; Intervener: State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
09 October 1990
Procedural Posture
Civil Appeal / Decision on Appeal to Supreme Court
Outcome
appeals dismissed
Legal Topics
Article 14 Equality Before Law, Rent Control, Classification of Tenants Based on Income
Constitutional Law Property Law Article 14 Equality Before Law Rent Control Classification of Tenants Based on Income

Case Brief

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Parties

DELHI CLOTH AND GENERAL MILLS LTD.

Appellant

S. PARAMJIT SINGH

Respondent

Another (unnamed respondent)

Respondent

Appellants in C.A. No. 1370/87 (nationalised bank)

Appellant

Respondents in C.A. No. 1370/87

Respondent

State of Jammu and Kashmir

Intervener

Procedural Posture

Civil Appeal / Decision on Appeal to Supreme Court

Legal Issues

  1. 1 Whether classification of tenants on the basis of annual net income under Section 1(3)(iii) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 is violative of Article 14 of the Constitution.
  2. 2 Whether the terms 'income' and 'net income' are vague or unworkable for the purpose of legislative classification.

Ratio Decidendi

The classification of tenants by annual net income for the purpose of rent control protection is reasonable, has an intelligible differentia, and is rationally connected to the legislative objective of balancing tenant protection for weaker sections with encouragement for building construction. The terms 'income' and 'net income' are sufficiently clear in ordinary usage, and the provision does not violate Article 14 of the Constitution.

Court Disposition

appeals dismissed

Orders

  • Appeal in Civil Appeal No. 4043 of 1987 dismissed with costs here and in the courts below.
  • Appeal in Civil Appeal No. 1370 of 1987 dismissed with costs here and in the High Court.