Supreme Court of India · 2009-02-06
D.P.Kesari & Anr vs Board Of Dir.Of Allahabad Agri.Inst
- Court
- Supreme Court of India
- Petitioner
- D.P.Kesari & Anr
- Respondent
- Board Of Dir.Of Allahabad Agri.Inst
- Bench
- H.L.Dattu, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the eviction petition without a prior order of eviction from the trial court or the revisional court, which contravenes the provisions of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972. The Court emphasized that the High Court's jurisdiction in a writ petition does not extend to issuing eviction orders when the matter is still pending in the trial court. Consequently, the Supreme Court set aside the High Court's order and reinstated the trial court's dismissal of the eviction suit.