Supreme Court of India · 1985-10-10
HARBANS LAL vs JAGMOHAN SARAN
- Citation / case number
- SC 1979/62733
- Court
- Supreme Court of India
- Petitioner
- HARBANS LAL
- Respondent
- JAGMOHAN SARAN
- Author
- R.S. PATHAK
- Bench
- R.S. PATHAK
Judgment text excerpt
The Supreme Court held that a writ of certiorari under Article 226 can only be issued if there is an error of jurisdiction or a breach of natural justice, and the High Court cannot reappraise evidence or overturn findings of fact made by lower courts. In this case, the High Court's remand was improper as the findings that the tenant was conducting business through an agent were based on evidence and should not have been disturbed. The Court clarified that under Section 12(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a tenant is not deemed to have ceased occupation if the premises are occupied by an agent for the tenant's business.