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2001 Supreme(SC) 1540

M.B.SHAH, R.P.SETHI
Ouseph Mathai – Appellant
Versus
M. Abdul Khadir – Respondent


JUDGMENT

Sethi, J.-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 Se tion 11(2)(c) of the Kerala Building (Lease & 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 be
































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