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october 1985

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.

HARBANS LAL vs JAGMOHAN SARAN · Niyam