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Home Blog Real Estate Legal Guide & Laws Article 226 and Lease Deed and Writ Jurisdiction in India

Article 226 and Lease Deed and Writ Jurisdiction in India

Published : November 11, 2025, 9:47 PM

Updated : November 11, 2025, 9:47 PM

Author : Ananth

Real Estate Legal Guide & Laws

1226 views

Summary

A lease deed defines the legal relationship between a lessor and lessee, but when disputes involve a government or public authority, Article 226 of the Indian Constitution becomes relevant. It empowers High Courts to issue writs ensuring fairness and legality in public lease matters, such as arbitrary cancellations or misuse of power. However, private rental disputes must be resolved in civil court. Landmark judgments like Gwalior Development Authority vs. Anupama S. Kulkarni emphasize these limits. NoBroker’s legal experts assist in drafting, registering, and resolving lease-related legal issues efficiently.

Table of Contents

The Article 226 lease deed provision comes into play when a dispute arises between a tenant and a government or public authority. While regular lease issues with private landlords go to civil courts, Article 226 of the Indian Constitution allows tenants to approach the High Court directly. It empowers the court to issue writs or directives, ensuring that public authorities act lawfully, fairly, and within their limits in matters related to lease deeds and property rights.

Common Lease-Related Issues Where Article 226 Applies

It is essential to understand that this powerful legal tool is not for all landlord-tenant problems. Its use is limited to situations involving state or public authorities. [1]

Here is a simple breakdown of when this constitutional provision might be used:

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Scenario / Issue Type	Applicability and Explanation of Article 226
Dispute with Government Body	A writ petition is maintainable as state actions must be reasonable and not arbitrary.
Arbitrary Lease Cancellation	Applicable. A lease termination by a public authority without a valid reason can be challenged.
Failure to Perform Public Duty	Applicable. A writ can be issued to compel an authority to perform a legal duty (e.g., process a renewal).
Violation of Natural Justice	Applicable. If a decision is made (e.g., eviction) without giving the person a chance to be heard, the order can be challenged.
Misuse of Statutory Power	Applicable. The High Court can intervene if a government board misuses its powers or for an unintended purpose.
Statutory Violations
Breach of Statutory Provisions	Applicable. A writ is an appropriate remedy if an authority acts in a way that is not in accordance with the law.
Ultra Vires (Beyond Powers) Actions	Applicable. The High Court can step in if a body makes a decision it has no legal power to make.
Where Article 226 Cannot Be Filed
Private Contractual Disputes	Not Applicable. Disputes between private landlords and tenants must be resolved through civil suits, not writ petitions.
Disputed Factual Matters	Not Applicable. Writ courts do not decide on complex facts (e.g., "was rent paid?"). These issues require evidence in a civil court.

What is Article 226 of the Indian Constitution?

Article 226 of the Constitution of India grants High Courts in India extensive powers. It allows them to issue special orders, known as writs (like Mandamus, Certiorari, etc.), to any person or authority, including the government, to enforce Fundamental Rights and other legal rights.

What is a Lease Deed?

A lease deed is a formal legal contract between a property owner (the 'lessor') and the person taking the property on rent (the 'lessee'). As defined under the Transfer of Property Act, 1882, it establishes the rights and obligations of both parties. Under the Registration Act, 1908, it is mandatory to register a lease deed if the lease period exceeds 12 months.

When Can Article 226 Be Invoked in Lease Deed Matters?

A petition under Article 226 is not appropriate for every lease-deed dispute. It can only be invoked in specific situations, primarily involving a public, not private, authority. [2]

When the lessor or lessee is a government body, public authority, or state-owned entity. This remedy applies only if your landlord or tenant is a state entity, like a municipal corporation, development authority, or government department, not a private person or company.
Cases involving arbitrary cancellation, unfair eviction, or violation of lease terms by a public authority. You can file a writ if a public authority acts unfairly, such as terminating your lease without a proper reason, evicting you unlawfully, or breaching its own contractual obligations.
Cannot be used for private lease disputes - such cases fall under civil law jurisdiction. Issues between two private citizens, such as a landlord and tenant, are outside this scope. Such disagreements must be resolved through a regular civil suit in a civil court.

Limitations of Using Article 226 for Lease Deed Matters

While a petition under Article 226 is a strong tool, it has significant limitations. It is not a remedy for every lease deed dispute, particularly in private matters.

Here are two primary examples of these limitations:

Private Contractual Disputes

A petition under Article 226 cannot be used for a dispute between a private tenant and a private landlord. These issues are considered private contract matters and must be resolved in a civil court, not through a public law writ.

Existence of an Alternative Remedy

High Courts generally will not accept a writ petition if another effective legal remedy (such as filing a civil suit for breach of contract) is available. The writ remedy is considered extraordinary and not a substitute for the usual legal processes.

Landmark Judgments Related to Article 226 and Lease Deeds

Several key court rulings have shaped the understanding of the Article 226 lease deed relationship. These judgments clarify when the High Court can and cannot intervene.

Here are two significant examples:

Gwalior Development Authority vs. Anupama S. Kulkarni (2023): In this recent case, the Supreme Court of India held that a High Court cannot use its writ powers under Article 226 to modify or alter the terms of a compulsorily registrable lease deed. This decision strengthens the boundary between contractual law and public law remedies.
State of Orissa vs. M/s. Orissa Concrete and Allied Industries Ltd. (1961): This foundational judgment established that a High Court's writ jurisdiction is not meant for enforcing private contracts or recovering money in a contractual dispute. The court clarified that this remedy is available only when a state authority has a clear statutory (law-based) obligation to perform an act or pay money.

How NoBroker Can Help with Legal Services?

Understanding the fine line between a civil dispute and a matter for a writ petition under Article 226 can be challenging. NoBroker's legal services team can provide clarity. We can help you draft a strong, registered lease agreement and advise you on your rights and obligations, which is the best way to prevent disputes. If a problem arises, our experts can offer guidance on the appropriate legal path to take.

Frequently Asked Questions

Q: Can Article 226 be used for private lease disputes?

Ans: No. Article 226 is not maintainable for disputes between a private landlord and a private tenant. These matters are resolved in civil courts.

Q: When can I approach the High Court for lease-related issues?

Ans: You can approach the High Court if your dispute is with a government or public body, and their action is arbitrary, illegal, or violates principles of natural justice.

Q: Is Article 226 applicable to disputes with government landlords?

Ans: Yes. If a government authority, acting as your landlord, breaches its public duty or acts unfairly (e.g., arbitrary termination), a petition under Article 226 can be filed.

Q: What are the conditions to file a writ under Article 226?

Ans: The main conditions are that a legal right must be infringed, the infringement must be by a state or public authority, and generally, no other equally effective legal remedy should be available.

Q: Can a tenant challenge lease termination by the government using Article 226?

Ans: Yes. If the government terminates a lease in an arbitrary manner, without following due process, or without affording a fair hearing, the tenant can challenge the termination.

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ARTICLE SOURCES

https://corporate.cyrilamarchandblogs.com/2023/05/can-article-226-be-invoked-to-amend-terms-of-a-lease-deed-sc-says-no
https://www.lexology.com/library/detail.aspx?g=e8f326c3-7eaf-4d3a-9f90-70fbfc7bc2bd#:~:text=Having%20said%20that%2C%20it%20is,at%20www.cyrilshroff.com.
https://indiankanoon.org/doc/1712542/
https://www.barandbench.com/topic/article-226
https://www.bwlegalworld.com/article/sc-prevents-hc-from-amending-registered-lease-deed-under-article-226-473605

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