Hi
In case of "Satyawati Sharma" - in Delhi Rent Control Act, 1958 - Supreme Court has struck off the difference between residential & commercial properties in sec. 14(1)(e).
Now ideally by same logic & intention same difference should also have been struck off in sec. 14(1)(h), had this section would have been challenged in SC.
Now if my commwercial tenant is already owning a commercial property which he purchased after 1958 & if I want to file eviction under sec. 14(1)(h) which is currently applicable only for residential properties than will lower (ARC) court be empowered to give me relief on this clause based on premise that intention of SC & legislation was same and had 14(1)(h) would have been challenged in case of Satywati Sharma than SC would also have struck off the difference between residential & commercial property under this clause also??
OR will I have to approach SC (or HC) only for clarification on this matter?
Regards
