ROSHAN LAL MEHRA versus ISHWAR DAS

ROSHAN LAL MEHRA versus ISHWAR DAS

Section 7A and Schedule IV of the Delhi and Ajmer-Marwara Rent Control Act, 1947, do not violate Article 14 of the Constitution. The classification between buildings constructed before and after March 24, 1947, is reasonable and the procedure for fixing standard rent is consistent with principles of natural justice.

Parties
Appellant: Roshan Lal Mehra; Respondent: Ishwar Das
Jurisdiction
India
Judgment Date
02 August 1961
Procedural Posture
Civil Appeal / Final Appeal (decision on Merits)
Outcome
Appeals allowed as indicated; High Court decisions set aside and District Judge's orders restored where appropriate. Application for fixation of standard rent remanded to competent authority for determination in accordance with law.
Legal Topics
Standard Rent, Rent Control, Principles of Natural Justice, Reasonableness of Classification, Article 14
Constitutional Law Property Law Standard Rent Rent Control Principles of Natural Justice Reasonableness of Classification Article 14

Case Brief

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Parties

Roshan Lal Mehra

Appellant

Ishwar Das

Respondent

Procedural Posture

Civil Appeal / Final Appeal (decision on Merits)

Legal Issues

  1. 1 Whether the Delhi and Ajmer-Marwara Rent Control Act, 1947, in so far as it provided for fixation of standard rent in respect of premises constructed after March 24, 1947, violated the fundamental rights under Article 14 of the Constitution
  2. 2 Whether the procedure for fixing standard rent violated principles of natural justice

Ratio Decidendi

Section 7A and Schedule IV of the Delhi and Ajmer-Marwara Rent Control Act, 1947, do not violate Article 14 of the Constitution. The classification between buildings constructed before and after March 24, 1947, is reasonable and the procedure for fixing standard rent is consistent with principles of natural justice.

Court Disposition

Appeals allowed as indicated; High Court decisions set aside and District Judge's orders restored where appropriate. Application for fixation of standard rent remanded to competent authority for determination in accordance with law.

Orders

  • Appeal dismissed in part (in respect of High Court's judgment being correct)
  • Orders of Rent Controller, District Judge, and High Court dismissing application for fixation of standard rent set aside