RATTAN ARYA ETC. ETC. versus STATE OF TAMIL NADU & ANR.

RATTAN ARYA ETC. ETC. versus STATE OF TAMIL NADU & ANR.

Section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, is violative of Article 14 of the Constitution since the distinction it draws between tenants of residential and non-residential buildings, and tenants based on rent paid, lacks a reasonable nexus with the Act's objectives. The exclusion of tenants paying higher rent does not further the professed protection of weaker sections, and the rent ceiling has become wholly artificial and irrelevant given prevailing conditions.

Parties
Petitioner: Rattan Arya; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
16 April 1986
Procedural Posture
Writ Petition (civil) / Supreme Court Original Jurisdiction, Decision on Merits
Outcome
Petitions allowed; section 30(ii) of the Act struck down as unconstitutional.
Legal Topics
Equality Before Law, Rent Control, Reasonable Classification, Article 14 of the Constitution, Unconstitutionality of Statutory Provisions
Constitutional Law Property Law Equality Before Law Rent Control Reasonable Classification Article 14 of the Constitution Unconstitutionality of Statutory Provisions

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Parties

Rattan Arya

Petitioner

State of Tamil Nadu

Respondent

Procedural Posture

Writ Petition (civil) / Supreme Court Original Jurisdiction, Decision on Merits

Legal Issues

  1. 1 Whether section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, which excludes from the Act residential buildings fetching rent exceeding four hundred rupees, is violative of Article 14 of the Constitution.

Ratio Decidendi

Section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, is violative of Article 14 of the Constitution since the distinction it draws between tenants of residential and non-residential buildings, and tenants based on rent paid, lacks a reasonable nexus with the Act's objectives. The exclusion of tenants paying higher rent does not further the professed protection of weaker sections, and the rent ceiling has become wholly artificial and irrelevant given prevailing conditions.

Court Disposition

Petitions allowed; section 30(ii) of the Act struck down as unconstitutional.

Orders

  • Section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 declared unconstitutional and struck down.