MOHD. SHAFI versus SEVENTH ADDITIONAL DISTRICT & SESSIONS JUDGE, ALLAHABAD & ORS.

MOHD. SHAFI versus SEVENTH ADDITIONAL DISTRICT & SESSIONS JUDGE, ALLAHABAD & ORS.

The word 'building' in Explanation (iv) denotes a single unit of accommodation, and the explanation applies only when the accommodation under tenancy and the landlord's accommodation together constitute one unit. Whether the explanation is attracted is a mixed question of law and fact. The High Court as well as lower courts must consider this in deciding the case.

Parties
Appellant: Mohd. Shafi; Respondents: Seventh Additional District & Sessions Judge, Allahabad & Ors.
Jurisdiction
India
Judgment Date
16 December 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 14 5 1976 of the Allahabad High Court in C.m.w. No. 7441 of 1975
Outcome
Appeal allowed. Matter remanded to the District Court for decision in light of the Supreme Court's interpretation.
Legal Topics
Interpretation of Benevolent Legislation, Eviction of Tenants, Comparative Hardship, Statutory Interpretation
Rent Control Property Law Interpretation of Benevolent Legislation Eviction of Tenants Comparative Hardship Statutory Interpretation

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Parties

Mohd. Shafi

Appellant

Seventh Additional District & Sessions Judge, Allahabad & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 14 5 1976 of the Allahabad High Court in C.m.w. No. 7441 of 1975

Legal Issues

  1. 1 Whether Explanation (iv) to section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is attracted in the present case
  2. 2 Whether the High Court can interfere with mixed questions of law and fact under Articles 226 and 227 of the Constitution

Ratio Decidendi

The word 'building' in Explanation (iv) denotes a single unit of accommodation, and the explanation applies only when the accommodation under tenancy and the landlord's accommodation together constitute one unit. Whether the explanation is attracted is a mixed question of law and fact. The High Court as well as lower courts must consider this in deciding the case.

Court Disposition

Appeal allowed. Matter remanded to the District Court for decision in light of the Supreme Court's interpretation.

Orders

  • Judgment of the High Court and order of the District Court set aside.
  • Matter remanded to the District Court to dispose of in accordance with the Supreme Court’s interpretation of Explanation (iv).