2011 INSC 0266
                             SUPREME COURT OF INDIA

                               Mehmood Rahmat Ullah Khan

                                                Vs.

                                      Niyaz Ahmad Khan

                                    C.A.Nos.1264 of 2009

                      (Markandey Katju and Gyan Sudha Misra JJ.)

                                           23.02.2011

                                             ORDER

1. Heard learned Counsel for the parties.

2. This Appeal has been filed against the impugned Judgment dated 8.10.2007
passed by the High Court of Allahabad.

3. The appellant herein is a landlord of premises in question and the respondent is
the tenant. The appellant filed a Petition under Section 21(1)(a) of U.P. Urban
Building Act, 1972 alleging that he has bonafide need of the premises and hence
the tenant should be evicted. The prescribed authority found that the landlord could
not establish his bonafide need and hence it rejected the Petition. The tenant filed
an appeal and the Appellate Court has upheld the finding that there is no bonafide
need of the premises of the landlord.

4. Surprisingly, the High Court while upholding the finding that there is no
bonafide need of the landlord has allowed the Writ Petition by the impugned
Judgment dated 8.10.2007 by increasing the rent. It is well settled that a High
Court in Writ Petition cannot interfere with the finding of fact, regarding bonafide
need.

5. We are also of the opinion that under Section 21, there is no question of
enhancement of rent. That may be done under some other provision of the Act.
Accordingly, we dispose of this appeal with the direction that the impugned

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Judgment is set aside and Judgment of First Appellate Court rejecting the Petition
under Section 21 is upheld. The direction increasing rent is set aside.

6. The appeal is disposed of accordingly.

7. CIVIL APPEAL NO. 1073 OF 2009 This Appeal has been filed against the
impugned Judgment dated 8.10.2007 passed by the High Court of Allahabad.

8. The facts have been set out in the impugned judgment and hence we are not
repeating the same here.

9. Under Section 21(1)(a) of U.P. Urban Buildings Act, 1972, the prescribed
authority can either allow the Petition for eviction of the tenant or it can refuse to
do so. It cannot enhance the rent under those proceedings. Hence, we set aside the
impugned Judgment of the High Court.

10. The appeal is allowed with no order as to costs.

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