1987 Supreme(Ker) 191

Judges : V.BALAKRISHNA ERADI,OZA
Nataraja Chettiar - Appellant
Versus
Sulekha Amma - Respondent
Case No : C.A. No. 391 of 1979
Decided On : 04/30/1987
Advocates Appeared :
G. Viswanatha Iyer; For Appellant

The main legal point established in the judgment is the exclusion of revisional jurisdiction of the High Court u/s. 115 CPC by the Kerala Buildings (Lease and Rent Control) Act, 1965.

Headnote:

Revisional Jurisdiction - Kerala Buildings (Lease and Rent Control) Act, 1965 - The court held that S.18(5) of the Act read with S.20 excludes the revisional jurisdiction of the High Court u/s. 115 of the Code of Civil Procedure. The High Court's judgment allowing the revision petition and setting aside the concurrent orders passed by the lower courts was set aside.

Fact of the Case:

The High Court allowed the revision petition filed u/s. 115 CPC and set aside the concurrent orders passed by the Rent Control Court, the Appellate Authority, and the District Court. The Decree for eviction passed by the High Court was set aside. The appellant agreed to pay enhanced rent at Rs.300/- per month for the suit premises with effect from 1st May 1987.

Finding of the Court:

The court found that the revisional jurisdiction of the High Court u/s. 115 CPC was excluded by the Kerala Buildings (Lease and Rent Control) Act, 1965. The appellant was directed to pay enhanced rent at the rate of Rs.300/- per month with effect from 1st of May, 1987. It was observed that while a revision petition u/s. 115 CPC may not lie to the High Court against the revisional order passed by the District Judge, it will be perfectly open to the party aggrieved by the decision of the District Judge to invoke the jurisdiction of the High Court under Art.227 of the Constitution.

Issues: Revisional jurisdiction under the Kerala Buildings (Lease and Rent Control) Act, 1965, applicability of S.18(5) of the Act, and the party's liability to pay enhanced rent.

Ratio Decidendi: The court's decision was influenced by the interpretation of S.18(5) of the Kerala Buildings (Lease and Rent Control) Act, 1965 read with S.20 of the said Act, which excluded the revisional jurisdiction of the High Court u/s. 115 of the Code of Civil Procedure. The court also considered the party's agreement to pay enhanced rent at a specified rate.

Final Decision: The appeal was allowed, and the decree passed by the High Court was set aside. The appellant was directed to pay enhanced rent at the rate of Rs.300/- per month with effect from 1st of May, 1987. It was observed that the party aggrieved by the decision of the District Judge could invoke the jurisdiction of the High Court under Art.227 of the Constitution.