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may 2008

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.

Niyaz Ahmad Khan vs Mahmood Rahmat Ullah Khan & Anr · Niyam