AIR 1977 ALLAHABAD 408 ::1977 ALL. L. J. 322 ::1977 All Rent Cas 225 ::(1977) 3 All LR 470 ::1977 All WC 192 ::1977 (2) RenCR 204

Allahabad High Court

Hon'ble Judge(s): D. M. Chandrashekar, R. M. Sahai , JJ

Constitution of India , Art.226— Certiorari - Distinction between appeal and writ petition - Amendment in law with retrospective effect - Not sufficient ground for invoking certiorari jurisdiction under Art.226. There is an important distinction between an appeal and a writ petition. An appeal is continuation of the original proceeding and is by way of rehearing. The appellate Court may make such order as the Court of first instance could have made, if the case had been decided by the latter on the date on which the appeal is heard. But a writ proceeding is different from an appeal. The proceedings in the writ petition are independent proceedings and not continuation of the original proceedings. AIR 1966 SC 1445, Ref.(Para 27) The impugned judgment of District Judge in appeal ordering eviction of the tenant was based on Cl. (iv) of the Explanation to sub-s.(1) of S.21 of U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act 1972 and was rendered prior to the coming into force of the Amendment Act deleting Cls. (ii) @page-All409 and (iv) of the said Explanation to S.21(1) of the Act: Held, that the certiorari jurisdiction under Art.226, cannot be invoked to disturb the judgment of the District Judge by applying the law that was not in force when he rendered that judgme....