Supreme Court of India · 2008-05-05
Niyaz Ahmad Khan vs Mahmood Rahmat Ullah Khan & Anr
- Court
- Supreme Court of India
- Petitioner
- Niyaz Ahmad Khan
- Respondent
- Mahmood Rahmat Ullah Khan & Anr
- Author
- R.V.Raveendran
- Bench
- Lokeshwar Singh Panta, R V Raveendran
Judgment text excerpt
The Supreme Court held that the Allahabad High Court exceeded its jurisdiction under Article 226/227 of the Constitution by arbitrarily increasing the tenant's rent from Rs.150 to Rs.12,050 without adhering to the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, specifically Sections 16(9) and 21(1)(a). The Court emphasized that judicial review must respect statutory provisions regarding rent fixation and increase. Consequently, the interim order of the High Court was set aside, reaffirming the authority of the Prescribed Authority and Appellate Authority in eviction matters.