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may 2008

Supreme Court of India · 2008-05-05

NIYAZ AHMAD KHAN vs MAHMOOD RAHMAT ULLAH KHAN

Citation / case number
SC 2006/28293
Court
Supreme Court of India
Petitioner
NIYAZ AHMAD KHAN
Respondent
MAHMOOD RAHMAT ULLAH KHAN

Judgment text excerpt

The Supreme Court held that the Allahabad High Court exceeded its jurisdiction under Articles 226 and 227 of the Constitution by arbitrarily increasing the rent payable by the tenant, disregarding the specific provisions for rent fixation under Section 16(9) and Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The Court emphasized that judicial review should not contravene statutory provisions, and the High Court's interim order was set aside, reaffirming the authority of the lower courts in eviction matters. The appeal was allowed, restoring the decisions of the Prescribed Authority and Appellate Authority.

NIYAZ AHMAD KHAN vs MAHMOOD RAHMAT ULLAH KHAN · Niyam