R.V.RAVEENDRAN, J.
Niyas Ahmad Khan - Appellant (s)
Versus
Mahmood Rahmat Ullah Khan & Anr. - Respondent (s)
Civil Appeal No.3372 OF 2008
Decided On : May 5, 2008
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Section 16(9) - Constitution of India,1950 - Article 226/227 – Tenant – Eviction - Evict tenant by coercive - Arbitrarily assessed rent - Appellant is tenant and respondents are landlords - On allotment of the premises which is the subject matter of proceedings to appellant rent was fixed as per month - Prescribed Authority dismissed petition for eviction and that was confirmed by Appellate Authority by dismissing the appeal by respondents - Feeling aggrieved respondents filed a writ petition before Allahabad High Court - Held, When a tenant files a writ petition challenging the order of eviction High Court may reject writ petition if it finds no merit in the case of tenant or in some cases High Court may admit writ petition but refuse to grant stay of execution in which event tenant may be evicted but can claim restoration of possession if he ultimately succeeds in writ petition or in some cases High Court finding the case fit for admission, may grant stay of eviction with or without conditions so that status quo is maintained till matter is decided - Where High Court chooses to impose any conditions in regard to stay such conditions should not be unreasonable or oppressive or in terrorism - Appeal is Allowed
ORDER
R.V.RAVEENDRAN, J.
1. Leave granted. Heard both sides.
2. The appellant is the tenant and the respondents are the landlords. On allotment of the premises which is the subject matter of the proceedings to the appellant, the rent was fixed as Rs.150/- per month under section 16(9) of the U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (`Act' for short) in the year 1985. The respondents initiated proceedings for eviction of the appellant under section 21(1)(a) of the Act in the year 1998, on the ground that they required the premises for their own use.
3. The Prescribed Authority dismissed the petition for eviction and that was confirmed by the Appellate Authority by dismissing the appeal by the respondents. Feeling aggrieved, the respondents filed a writ petition before the Allahabad High Court under Article 226/227 of the Constitution of India.
4. While admitting the said writ petition filed by the landlords, a learned Single Judge of the Allahabad High Court issued an interim direction dated 17.10.2006 to the tenant (appellate herein) to pay rent at the rate of Rs.12,050/- per month with effect from October, 2006 with a further direction that if the rent at that rate is not paid for two consecutive months, the landlord could evict the tenant by coercive process with the aid of police. The learned Judge has justified his interim direction on the ground that in exercise of writ jurisdiction the High Court can reasonably increase the rent so as to bring it on par with the prevailing market rentals. The increased rent was assessed in the following manner :
(i) Rent for six rooms (at Rs.1500/- per room) Rs.9000/-
(ii) Kitchen Rs. 500/-
(iii) Three verandahs (at Rs.500/- per verandah) Rs.1500/-
(iv) Open terrace Rs. 300/-
(v)Three latrines/bathrooms (at Rs.250 each) Rs. 750/-
______________
TOTAL Rs.12,050/-
The tenant has challenged the said interim order of the High Court in this appeal by special leave.
5. The premises in question is governed by the provisions of the Act. The said Act contains provisions relating to fixation of standard rent and for increase in rent. Where the statute specifically provides for fixation of rent and increase in rent, it is impermissible for the High Court to ignore those provisions and direct the tenant to pay an arbitrarily assessed rent. Neither the power of judicial review under Article 226 nor the power of superintendence under Article 227, can be exercised in a manner ignoring or violating the specific provisions of a statute. While purporting to exercise the power under Article 227 to keep inferior courts and tribunals within the limits of their authority, the High Court should not itself cross the limits of its authority.
6. In this case, the landlord filed an eviction petition seeking possession on the ground that they bona fide required the suit premises for their own use. The said request was rejected both by the Prescribed Authority and by the Appellate Authority. The landlord therefore approached the High Court challenging the said rejection by filing a writ petition. The prayer in the writ petition was for quashing the orders of the Prescribed Authority and the Appellate Authority and for grant of an order of eviction. There was no prayer for a direction for payment of any rent or for payment of any increased rent. When the grievance in the writ petition was only in regard to refusal of an order of eviction under section 21(1)(a) of the Act, there is no justification for directing payment of a higher rent either pending consideration of the writ petition or otherwise.
7. Even assuming that the High Court has power to increase the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.