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.