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TMI Blog2020 (6) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... that the High Court in its earlier order dated 23.8.2006, could not have granted liberty to challenge the vacancy order along with the final order is also contrary to the settled principles of judicial propriety. This Court in the case of Sarla Ahuja v. United India Insurance Co. Ltd. [ 1998 (10) TMI 555 - SUPREME COURT] had an occasion to consider the scope of proviso to Section 25-B(8) of the Delhi Rent Control Act, 1958. This Court found, that though the word 'revision' was not employed in the said proviso, from the language used therein, the legislative intent was clear that the power conferred was revisional power - It could thus be seen, that this Court has held, that the High Court while exercising the revisional powers under the Delhi Rent Control Act, 1958 though could not reassess and reappraise the evidence, as if it was exercising appellate jurisdiction, however, it was empowered to reappraise the evidence for the limited purpose so as to ascertain whether the conclusion arrived at by the fact-finding court is wholly unreasonable. The revisional powers conferred upon the District Judge under the U.P. Act, 1972 are almost analogous with the revisional powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act ). On the application of the landlord, a Rent Control Inspector was appointed to inspect the suit premises. The Rent Control Inspector visited the suit premises and submitted his report on 16.08.1999. In the report, it was stated, that Rashid Ahmed, who was the tenant, was not present in the premises at the time of the inspection and he was informed by the occupants that he had gone to his village Bhatpura in Saharanpur District. The report further stated, that Rashid and Akbar were sons of Hasunuddin and, as such, real brothers. The report stated that, there were several persons residing in the premises and they comprised of four separate families, namely, (1) Rashid Ahmed; (2) Inam s/o Rashid Ahmed along with his six children; (3) Shabbir Ahmed, wife Shafikan and daughter; and (4) Ayyub and his children Naseem and Nashima respectively. The original tenant-Rashid Ahmed filed objections to the inspection report stating therein, that he and his brother and their families are living in the premises as tenant. He further stated, that tenancy was in his name and there was no other person who was outside his family residing in the said premises. He, therefore, resisted dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Being aggrieved, the present appeal by special leave. 4. We have heard Shri Ashok Kumar Sharma, learned Senior Counsel appearing on behalf of the Appellant and Shri Arvind Kumar Gupta, learned Counsel appearing on behalf of the Respondents - landlord. 5. The main ground on which the writ petition has been allowed by the High Court is that, the learned District Judge had committed illegality in entertaining the joint revision filed against the vacancy order as well as the final order. The High Court in the impugned order has observed, that the judgment and order dated 23.8.2006, passed by the said High Court dismissing the writ petition had not been challenged before this Court by the Respondents No. 1 and 2 therein (Appellant and proforma Respondent No. 3 herein). The High Court further goes to observe, that the Respondents therein (Appellant and proforma Respondent No. 3 herein) had elected not to assail the vacancy order as well as the order dated 23.8.2006, passed by the High Court dismissing the said writ petition. It goes to further observe, that after dismissal of the writ petition there was no occasion for the High Court to grant liberty to the Respondents therein, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he interests of any party because an order notifying the vacancy could be objected to. It was held, that the correctness of the decision in Tirlok Singh (supra) was open to doubt. Their Lordships in Ganpat Roy (supra) therefore held, that the scheme of the Act would show that a tenant of a premises, in whose case it was found that there was a deemed vacancy, had no efficacious or adequate remedy under the Act to challenge that finding. It was, therefore, held, that a petition Under Article 226 or 227 of the Constitution filed by such a tenant in order to challenge that finding could not, therefore, be said to be premature. 9. In Achal Misra (supra), the High Court had allowed the writ petitions filed by the allottees on the ground, that the landlord not having challenged the original order notifying the vacancy then and there, was precluded from challenging the order notifying the vacancy in revision against the final order or in further challenges to it in the High Court. When the judgment of the High Court came up for consideration before the two learned Judges of this Court, it was noticed, that it could not be said that the question of vacancy, if not challenged by a separat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a Rule which would impose upon the suitor the necessity of so appealing; whereby on the one hand he might be harassed with endless expense and delay, and on the other inflict upon his opponent similar calamities. 12. In Sheonoth v. Ramnath [(1865) 10 MIA 413] the Privy Council reiterated that a party is not bound to appeal from every interlocutory order which is a step in the procedure that leads to a final decree. It is open on appeal from such final decree to question an interlocutory order. 13. This principle is recognised by Section 105(1) of the Code of Civil Procedure and reaffirmed by Order 43 Rule 1-A of the Code. The two exceptions to this Rule are found in Section 97 of the Code of Civil Procedure, 1908, which provides that a preliminary decree passed in a suit could not be challenged in an appeal against the final decree based on that preliminary decree and Section 105(2) of the Code of Civil Procedure, 1908 which precludes a challenge to an order of remand at a subsequent stage while filing an appeal against the decree passed subsequent to the order of remand. All these aspects came to be considered by this Court in Satyadhyan Ghosal v. Deorajin Debi (1960) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule the view taken by the Allahabad High Court in the present case and in Kunj Lata v. Xth ADJ [(1991) 2 RCJ 658] that in a revision against the final order, the order notifying the vacancy could not be challenged and that the failure to independently challenge the order notifying the vacancy would preclude a successful challenge to the allotment order itself. In fact, the person aggrieved by the order notifying the vacancy can be said to have two options available. Either to challenge the order notifying the vacancy then and there by way of a writ petition or to make the statutory challenge after a final order of allotment has been made and if he is aggrieved even thereafter, to approach the High Court. It would really be a case of election of remedies. 10. It could thus be seen, that considering the scheme of the Act; the principles as recognized by Section 105(1) and Order XLIII Rule 1-A of the Code of Civil Procedure, 1908 and the various judgments of the Privy Council as well as this Court, it was held, that an interlocutory order which had not been appealed from, either because no appeal lay or even though an appeal lay, an appeal was not taken, can be challenged in an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Achal Misra (supra) observed thus: In view of the aforesaid, liberty is given to the Petitioner to challenge the order dated 4th June, 2003 after the final order is passed Under Section 16 of the U.P. Act No. 13 of 1972. 12. In the light of this, we fail to appreciate, as to how the learned judge of the High Court in the impugned order, could have made observations in paragraph 11 thereof. The learned Judge goes to observe, that after dismissal of the writ petition there was no occasion for the said High Court to grant liberty to the Respondents to avail remedy of revision challenging the order of vacancy dated 4.6.2003. It appears, that the learned judge has missed the last line in the order of the High Court dated 23.8.2006, which reads thus: Subject to aforesaid, writ petition is dismissed. 13. The learned single Judge of the High Court has also failed to take into consideration that in the order dated 23.8.2006 itself, the learned judge while disposing of the earlier writ petition had referred to the law laid down by this Court in the case of Achal Misra (supra), wherein it is specifically held, that even if a party does not challenge the vacancy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity since it was not challenged before this Court. The learned judge ought to have taken into consideration, that though the vacancy order was challenged in a writ petition, the High Court vide order dated 23.8.2006, while dismissing the writ petition had reserved the right of the Petitioners (Appellant and proforma Respondent No. 3 herein) before it to challenge the vacancy order along with the final order passed Under Section 16. The observation of the learned judge, that the High Court in its earlier order dated 23.8.2006, could not have granted liberty to challenge the vacancy order along with the final order is also contrary to the settled principles of judicial propriety. 17. That leaves us to the merits of the matter. 18. It will be relevant to refer to Section 18 of the U.P. Act, 1972. 18. Appeal against order of allotment or release: (1) No appeal shall lie from any order Under Section 16 or Section 19, whether made before or after the commencement of this section, but any person aggrieved by a final order under any of the said Sections may, within fifteen days from the date of such order, prefer a revision to the District Judge on any one or more of the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng court is wholly unreasonable..... It could thus be seen, that this Court has held, that the High Court while exercising the revisional powers under the Delhi Rent Control Act, 1958 though could not reassess and reappraise the evidence, as if it was exercising appellate jurisdiction, however, it was empowered to reappraise the evidence for the limited purpose so as to ascertain whether the conclusion arrived at by the fact-finding court is wholly unreasonable. 21. Again in the case of Ram Narain Arora v. Asha Rani and Ors. (1999) 1 SCC 141, this Court had an occasion to consider the aforesaid powers under the Delhi Rent Control Act, 1958. This Court observed thus: 12. It is no doubt true that the scope of a revision petition Under Section 25-B(8) proviso of the Delhi Rent Control Act is a very limited one, but even so in examining the legality or propriety of the proceedings before the Rent Controller, the High Court could examine the facts available in order to find out whether he had correctly or on a firm legal basis approached the matters on record to decide the case. Pure findings of fact may not be open to be interfered with, but (sic if) in a given case, the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... precedent or suffers from misreading of the evidence or omission to consider relevant clinching evidence or where the inference drawn from the facts proved is such that no reasonable person could arrive at or the like. 24. Lastly, the Constitution Bench of this Court in the case of Hindustan Petroleum Corporation Limited v. Dilbahar Singh (2014) 9 SCC 78 had an occasion to consider the scope of revisional powers as contained in the Kerala Buildings (Lease and Rent Control) Act, 1965, T.N. Buildings (Lease and Rent Control) Act, 1960 and Haryana Urban (Control of Rent and Eviction) Act, 1973. The Court observed thus: 43. We hold, as we must, that none of the above Rent Control Acts entitles the High Court to interfere with the findings of fact recorded by the first appellate court/first appellate authority because on reappreciation of the evidence, its view is different from the court/authority below. The consideration or examination of the evidence by the High Court in revisional jurisdiction under these Acts is confined to find out that finding of facts recorded by the court/authority below is according to law and does not suffer from any error of law. A finding of fact re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court under the special statute. This Court has observed, that in examining the legality and the propriety of the order under challenge in revision, what is required to be seen by the High Court, is whether it is in violation of any statutory provision or a binding precedent or suffers from misreading of the evidence or omission to consider relevant clinching evidence or where the inference drawn from the facts proved is such that no reasonable person could arrive at or the like. It has been held, that if such a finding is allowed to stand, it would be gross miscarriage of justice and is open to correction because it is not to be treated as a finding according to law. 26. The revisional powers conferred upon the District Judge under the U.P. Act, 1972 are almost analogous with the revisional powers of the High Court that have been interpreted by this Court in the aforesaid judgments. We find, that the said principles can be aptly made applicable to the revisional powers of the District Judge under the U.P. Act, 1972. If the said principles are applied to the facts of the present case, it could be seen, that the learned District Judge was fully justified in interfering with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o landlord. The persons named in the inspection report are either the family members of tenant Rashid or the family members of his brother Akbar. Admittedly except the family member of Rashid or Akbar no other person was found residing in the property in question. In this perspective, the factum of deemed vacancy is to be seen. The Hon'ble Supreme Court in so many words has held that the words allowed to be occupied indicate that the possession of such building has been given to a person who is not a family member of the tenant. It shall not be attracted when any person who is not a member of family of the tenant reside in such building either along with landlord or the original tenant meaning thereby if any person other than the family member occupies such premises in his own right, in that event, Clause (b) of Sub-section (1) of Section 12 shall be attracted and not otherwise. Here in the present case even according to spot inspection, the family member of Rashid who was the original tenant was found residing therein. The other members even if not their family members were found residing along with the family members of the original tenant and not in their own exclusive rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the aforesaid grounds. 31. We find, that the learned single judge of the High Court has also erred in interfering with the well-reasoned order passed by the learned District Judge while exercising the jurisdiction of the High Court Under Article 227 of the Constitution of India. 32. It is a well settled principle of law, that in the guise of exercising jurisdiction Under Article 227 of the Constitution of India, the High Court cannot convert itself into a court of appeal. It is equally well settled, that the supervisory jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and seeing that they obey the law. It has been held, that though the powers Under Article 227 are wide, they must be exercised sparingly and only to keep subordinate courts and Tribunals within the bounds of their authority and not to correct mere errors. Reliance in this respect can be placed on a catena of judgments of this Court including the ones in Satyanarayan Laxminarayan Hegde and Ors. v. Millikarjun Bhavanappa Tirumale (1960) 1 SCR 890, Bathutmal Raichand Oswal v. Laxmibai R. Tarta and Anr. (1975) 1 SCC 858, M/s. India Pipe Fitting Co. v. Fakruddin M.A. B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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