Judgement of the above noted case bearing Appeal (civil) No. 1897 of 2003 was delivered by the bench of Supreme Court of India comprising of Mr. B. N. Agrawal J. & Mr. G.S. Singhvi J. on April 16, 2008.
The significant question in law involved in the case was whether Section 14(1)(e) of the The Rent Control Act, 1958 is violative of the doctrine of equality embodied in Article 14 of the Constitution of India?
Held, Section 14(1)(e) of The Rent Control Act, 1958 is violative of the doctrine of equality embodied in Article 14 of the Constitution of India insofar as it discriminates between the premises let for residential and non-residential purposes when the same are required bona fide by the landlord for occupation for himself or for any member of his family dependent on him and restricts the latter's right to seek eviction of the tenant from the premises let for residential purposes only. The court however clarified that the aforesaid declaration should not be misunderstood as total striking down of Section 14(1)(e) of the 1958 Act because it was neither the pleaded case of the parties nor the learned counsel argued that Section 14(1)(e) is unconstitutional in its entirety and court felt that ends of justice can be met by striking down the discriminatory portion of Section 14(1)(e).
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