Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Buildings (Lease & Rent) Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Kerala Buildings (lease and Rent Control) Act, 1965 (2 of 1965) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Buildings (Lease & Rent) Control Act, 1965, Section 18(5) & 20-Jurisdiction of the High Court to interfere in revision; under Section 115 C.P.C.-Whether ousted. Civil Procedure Code, 1908-Section 115-High Court's jurisdiction to interfere in revision with an order under the Kerala Buildings (Lease & Rent) Control Act. 1965. Words and Phrases-'Shall be final'-Shall not be liable to be called in question in any Court of law-Meaning of.The Kerala Buildings (Lease and Rent Control) Act, 1965, by s. 13(3) provides that a landlord's petition for eviction of his tenant from a premises on the ground of bona fide personal need, has to be disposed of by the Rent Control Court. Section 18(l)(h) makes provision of an appeal to the Appellate Authority against the order of the Rent Control Court. Sub-s.(5) of section 18, stipulates that the decision of the appellate authority and subject to such decision, an order of the Rent Controller 'shall be final' and 'shall not be liable to be called in question in any court of law', except as provided in section 20. By section 20, a revision is provided where the appellate authority is Subordinate Judge to the District Judge and in other·cases, that is to say, where the appellate authority is District Judge, to the High Court.The respondent-landlord filed an eviction petition against the appellant's husband-tenant on the ground of bona fide personal need. The Rent Controller passed an order dismissing the petition. The order was confirmed in appeal filed by the respondent before the Appellate Authority. Thereafter, the respondent preferred a revision petition before the District Judge. That petition having been dismissed, he moved the High Court under s. 115 of the Code of Civil Procedure. During the pendency of the second revision, the appellant's husband died and she was brought on record as the legal representative. The High Court set aside all the orders of the courts below and ordered eviction of the appellant.In appeal to this Court, it was contended on behalf of the appellant tenant that the High Court had exceeded its jurisdiction in setting aside the judgments and orders of the courts below, since no revision lies to the High Court against the order of the District Judge in view of s. 18(5) read with s.20 of the Act which has completely ousted the High Court's jurisdiction to interfere u/s. 115 of the Code of Civil Procedure. |
Judge | Honble Mr. Justice Sabyasachi Mukherjee |
Neutral Citation | 1986 INSC 261 |
Petitioner | Aundal Ammal |
Respondent | Sadasivan Pillai |
SCR | [1987] 1 S.C.R. 485 |
Judgement Date | 1986-12-09 |
Case Number | 5032 |
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