MOHAMMAD SHAHNAWAZ AKHTAR Vs. IST ADJ VARANASI

JUDGEMENT

(1.) This appeal is directed against an order dated 30. 4.1997 by which the High court has allowed the writ petition filed by respondent no. 4 herein.

(2.) Briefly stated the facts are as follows: the appellant who is the landlord of the premises filed a suit for eviction of respondent no. 4 from shop no. D-50/128 situated in Mohalla Kajipura Kala, Nai sarak, Varanasi city. The suit was filed on various grounds. One of the grounds was that the 4th respondent had sublet the premises to other parties. The trial court decreed the suit on this ground. The revision filed by the 4th respondent was dismissed. The respondent then filed a writ petition under Article 226 of the constitution.

(3.) At this stage, the limits of jurisdiction of the High Court in issuing a writ of certiorari under Article 226 of the constitution needs to be kept in mind. It has been held by a constitution bench of this Court in the case of Syed Yakoob v. K. S. Radhakrishnan and Ors. as follows: