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TMI Blog2001 (11) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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. 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. It is not denied that the powers conferred upon the High Court under Articles 226 and 227 of the Constitution are extraordinary and discretionary powers as distinguished from ordinary statutory powers. No doubt Article 227 confers a right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferior tribunal except where the findings are perverse and not based on any material evidence or it resulted in manifest injustice (see Trimbak Gangadhar Teland 1977 (2) SCC 437). Except to the limited extent indicated above, the High Court has no jurisdiction. In our opinion therefore, in the facts and circumstances of this case on the question that the High Court has sought to interfere, it is manifest that the High Court has gone into questions which depended upon appreciation of evidence and indeed the very fact that the learned trial Judge came to one conclusion and the Appellate Bench came to another conclusion is indication of the position that two views were possible in this case. In preferring one view to another of factual appreciation of evidence, the High Court transgressed its limits of jurisdiction under Article 227 of the Constitution. On the first point, therefore, the High Court was in error. In Laxmikant Revchand Bhojwani Anr. v. Pratapsing Mohansingh Pardeshi [1995 (6) SCC 576] this Court held that High Court was not justified in extending its jurisdiction under Article 227 of the Constitution of India in a dispute regarding eviction of tenant under the Ren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f rent in terms of Section 11(2)(c) of the Act. The tenants did not avail the opportunity granted to them for deposit of the arrears of rent and instead preferred a second revision petition being CRP No.3210 of 1984 in the High Court of Kerala which was dismissed on 4.2.1987 holding that after the dismissal of the first revision petition the second revision in the High Court was not maintainable. Thereafter the respondents-tenants filed a petition under Article 227 of the Constitution which was registered as O.P. No.5970 of 1987. They also moved IA No.756 of 1987 before the District Court, Kottayam, the revisional authority for extension of time for the deposit of the rent. The said application was dismissed on 7.7.1987. Despite dismissal of the application for extension of time for deposit of arrears of rent, neither the arrears were paid nor the said order was challenged in any appropriate proceedings. When O.P. No.5970 of 1987 filed by the respondents-tenants was dismissed on 27th September, 1991, they deposited the arrears of rent on 24th October, 1991 to claim benefit of Section 11(2)(c) of the Act. Not being satisfied with the deposit in terms of Section 11(2)(c) of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under this sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at six per cent per annum and postal charges incurred in sending the notice within fifteen days of the receipt of the notice or of the refusal thereof. (c) The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Act may in its discretion allow; and if the tenant deposits the arrears of rent with interest and cost of proceedings within the said period of one month or such further period, as the case may be, it shall vacated that order. Section 12 of the Act provides that no tenant against whom an application for eviction has been made by a landlord under Section 11 shall be entitled to contest the application before the Rent Control Act under that Section or to prefer an appeal under Section 18 against any order made by the Rent Control Court on the application unless he has paid or pays to the landlord or d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, the Appellate Court or the Revisional Court, as the case may be, subject, however, to the extension of time granted by of the aforesaid courts and authorities in terms of clause (c) of sub-section (2) of Section 11. Proceedings under Article 227, not being the extension of the proceedings under the Act would not automatically authorise the court to extend the time under the aforesaid proviso. However, it does not mean that in no case the High Court can extend the time. Exercise of such a power may be necessary if it is shown that grave injustice has been done to a party and the case was a fit case where the High Court should have exercised the extraordinary discretionary power in favour of the defaulting party. In this case the court appears to have condoned the delay in depositing the arrears of rent on the assumption that the petition under Article 227 of the Constitution was extension of appeal or revisional powers under the Act. The court impliedly held that as the OP No.5970 of 1987 filed by the tenants was dismissed on 27th Septemebr, 1991, they had a statutory right to deposit the arrears of rent within the meaning of Section 11(2)(c) within a period of one month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulated by Sub-section (2) of Section 11 of the Act. A tenant is under an obligation to pay or tender the rent in respect of the building under his occupation within 15 days after the expiry of time fixed in the agreement of tenancy or in the absence of such agreement by the last day of month next falling for which the rent is payable. Non payment of rent, as per contract and statutory provisions, entitles the landlord to seek possession only after compliance of sending a registered notice to the tenants intimating the default. If after the receipt of such a notice a genuine tenant pays or tenders the rent together with interest at 6% per annum and postal charges, the right accrued to the landlord to get possession on this ground is defeated. Even after passing of the eviction order a further right is conferred upon tenant in terms of clause (c) of sub-section (2) of Section 11. It is only such tenant who defaults to pay the rent at all the three relevant times that the law requires him to be dispossessed. In the instant case the respondents-tenants are proved to have failed to pay the arrears of rent at all the three relevant times. Under the facts and circumstances of the case, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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