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2004 (3) TMI 748 - SC - Indian Laws

Issues involved:
Eviction of tenant u/s 21 of U.P. Urban Buildings Act, 1972; Jurisdiction of High Court u/s Article 226 and 227 of the Constitution.

Eviction of Tenant:
The landlord initiated eviction proceedings u/s 21 of U.P. Urban Buildings Act, 1972, citing the need for the premises for his fertilizer and agricultural business due to dilapidated condition of the shop. The Trial Court dismissed the application, but the Appellate Court reversed this decision, finding in favor of the landlord based on evidence including reports by Local Commissioners. The High Court, however, set aside the Appellate Court's judgment, exceeding its jurisdiction by acting like an Appellate Court itself, which was not permissible under the Constitution.

Jurisdiction of High Court:
The High Court, in its judgment, attempted to correct the Appellate Court's decision using certiorari jurisdiction, which requires self-evident errors. The Supreme Court clarified that the High Court's jurisdiction under Article 227 does not extend to re-evaluating evidence or correcting inferences like an appellate court. The High Court's actions were deemed improper, and the Supreme Court set aside the High Court's judgment, reinstating the Appellate Court's decision. The respondent was granted four months to vacate the premises.

 

 

 

 

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