HARBANS LAL versus JAGMOHAN SARAN

HARBANS LAL versus JAGMOHAN SARAN

The High Court exceeded its jurisdiction under Article 226 by reappraising facts already settled by the Prescribed Authority and the District Judge. Madan Lal, acting on behalf of the appellant, did not constitute 'deemed vacancy' under s. 12(1)(b) of the U.P. Urban Buildings Act.

Parties
Appellant: Harbans Lal; Respondent: Jagmohan Saran
Jurisdiction
India
Judgment Date
10 October 1985
Procedural Posture
Civil Appeal / Appeal Against Judgment of the Allahabad High Court in Civil Writ Petition No. 1942 of 1977
Outcome
appeal allowed
Legal Topics
Jurisdiction Under Article 226, Writ of Certiorari, Deemed Vacancy Under U.p. Urban Buildings Act, Agency Relationship in Tenancy
Constitutional Law Landlord Tenant Law Jurisdiction Under Article 226 Writ of Certiorari Deemed Vacancy Under U.p. Urban Buildings Act Agency Relationship in Tenancy

Case Brief

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Parties

Harbans Lal

Appellant

Jagmohan Saran

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of the Allahabad High Court in Civil Writ Petition No. 1942 of 1977

Legal Issues

  1. 1 Whether the High Court exceeded its jurisdiction under Article 226 in reappraising the evidence and disturbing concurrent factual findings
  2. 2 Whether the appellant-tenant had ceased to occupy the shop within the meaning of s. 12(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Ratio Decidendi

The High Court exceeded its jurisdiction under Article 226 by reappraising facts already settled by the Prescribed Authority and the District Judge. Madan Lal, acting on behalf of the appellant, did not constitute 'deemed vacancy' under s. 12(1)(b) of the U.P. Urban Buildings Act.

Court Disposition

appeal allowed

Orders

  • Set aside the judgment and order of the High Court.
  • Restored the orders of the Prescribed Authority and Second Additional District Judge.