OUSEPH MATHAI Vs. M ABDUL KHADIR

JUDGEMENT

(1.) Leave granted.

(2.) Assuming jurisdiction and exercising powers under Article 227 of the Constitution of India, the High Court of Kerala, vide the order impugned in these appeals set aside the judgment of the Appellate Authority by which the order passed by the Rent Control Court dismissing the respondents-tenants application under Section 11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act") had been confirmed. After holding that the deposit of the arrears of rent was in terms of Section 11(2)(c) of the Act, the High Court gave the respondents-tenants a right to exercise option under the proviso to Section 11(4) of the Act. The court held that the power to superintendence conferred upon the High Court under Article 227 of the Constitution of India was not an original proceeding but revisional jurisdiction akin to Section 115 of the Code of Civil Procedure. The High Court, therefore, impliedly held that exercise of powers under Article 227 was the extension of the statutory powers conferred upon the appellate or revisional authority under a particular statute.

(3.) Assailing the impugned Judgment it has been argued on behalf of the appellants-landlords that even though the High Court had the power of superintendence under Article 227 of the Constitution of India, yet the same was required to be exercised sparingly and only in cases where the subordinate courts and tribunals are shown to have erroneously assumed jurisdiction or failed to exercise the jurisdiction vested in them and the order impugned showed some error of law apparent on the face of the record. Arriving at a finding which is alleged to be perverse or based on no material could not be a ground to exercise the power under the aforesaid Article.