Holding

The High Court has no jurisdiction to entertain a revision under Section 115 CPC after a revision has been exercised under Section 20 of the Kerala Buildings (Lease & Rent Control) Act, 1965, as Section 18(5) renders the order final except as provided in Section 20.

Summary

The landlord filed an eviction suit under the Kerala Buildings (Lease & Rent Control) Act, 1965 claiming bona‑fide personal need. The Rent Control Court dismissed the petition, the Subordinate Judge (appellate authority) confirmed the dismissal, and a revision before the District Judge was also rejected. The landlord then approached the Kerala High Court under Section 115 of the Civil Procedure Code, which set aside all lower orders and ordered eviction. The Supreme Court examined whether the High Court could entertain a revision after a revision had already been taken under Section 20 of the Act, given the finality clause in Section 18(5). It held that Section 18(5) makes the order final except as provided in Section 20, and that a second revision to the High Court is barred, so the High Court exceeded its jurisdiction. Consequently, the appeal was allowed, the High Court order was set aside, and the rent was fixed at Rs 500 per month.

Issues considered

Whether a revision under Section 115 of the Civil Procedure Code lies to the High Court from an order passed under Section 20 of the Kerala Buildings (Lease & Rent Control) Act, 1965.
Whether the High Court exceeded its jurisdiction in setting aside the lower courts' orders and ordering eviction.
Whether eviction of a tenant from a non‑residential building is permissible when the Accommodation Controller has refused conversion to residential use.
Whether the landlord's claim of bona‑fide need is valid after refusal of conversion permission.
Whether the facts relied upon by the High Court constitute the "special reasons" required under Section 11(3) of the Act.

Legislation cited

Code of Civil Procedure, 1908s. 115
Kerala Buildings (Lease & Rent Control) Act, 1965s. 11(3), s. 13(3), s. 18(5), s. 20(1), s. 20(2)
Kerala High Court Act, 1958

Subjects

evictionlease and rent controlrevisional jurisdictionSection 115 CPCfinality clauselandlord‑tenant disputestatutory interpretationKerala Buildings Act

Judgment

AUNDAL AMMAL
A
v.
·~·
SADASIV AN PILLAI

DECEMBER 9, 1986

[E.S. VENKATARAMIAH AND SABYASACHI MUKHARJI, JJ.] B

Kera/a Buildings (Lease & Rent) Control Act, 1965, Section 18(5) &
20-Jurisdiction of the High Court to interfere in revisi01; under Section 115
C.P.C.-Whether ousted.

Cjvil Procedure Code, 1908-Section 115-High Court'sjurisdiction to C
. _}- interfere in revision with an order under the Kera/a 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 fuw'-Meaning of
D
The Kerala Buildings (Lease and Rent Coiro!) '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 ofan appeal to the Appellate
Authority against the order of the Rent Control Court. Sub-s.(5) of section 18,
E
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. ·
F

· 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 lite Appellate Authority.
Thereafter, the respondent preferred a revision petition before the District G
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.
H

485
486 SUPREME COURT REPORTS [1987] I S.C.R.

A In appeal to .this Court, it was contended on behalf of the appellant-
tenant that the High Court had exceef..ed 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
B interfere u/s. 115 of the Code of Civil Procedure.

Allowing the appeal,

HELD: (1) The High Court had"" jurisdiction to interfere in the matter
u/s. 115 of C.P .C. Therefore, the judgment and orderof the High Court are set
aside. [496 B,G]
c
2(i) The am bits of revisional powe;"S are well-settled and need not be re-
stated. It is inconceivable to have two :•evisions. The scheme of the Kerala
Buildings (Lease & Rent Control) Ad, 1965 does not warrant such a
conclusion. [492 DJ
D
2(ii) Sub-s. (5) ofs. 18 of the Act says that subject to the decision of the
appellate authority, the decision of the R1•.nt Controller shall be final and could
only be questioned fo the manner provided in section 20 and in no other
manner. The expression 'shall be final' in the Act mean• what it says. The
intention of the legislature in enacting the said Act is clear and manifest from s.
E 18(5) and the scheme of the Act, that is to say, to regulate the leasing of
buildings and to control the rent of such buildings and to provide a tier of
courts by themselves for eviction of the rented premises. This is writ large in
the different provisions of the Act. [492 G]

2(iii) When section 18(5) of the Act specifically states that "shall not be
F liable to be called in question in any Court of law" except in the manner
provided under section 20, it cannot be said that the High Court which is a
court oflaw and which is a civil court under the Code of Civil Procedure under
section 115 of the Code of Civil Procedure •:Ould revise again an order on again
after revision under section 20 of the Act. That would mean there would be a
trial by four courts, that would be repugnant to the scheme manifest in the
G different sections of· the Act in question. Public policy or public interest
demands curtailment of law's delay and justice demands finality within quick
disposal of case. The language of the provisions of section 18(5) read with
section 20 inhibits furtherrevision. The courts must so construe. [494 G-495 A]

Kydd v. Watch Committee of City of Liverpool, (1908) Appeal Cases
H 327 at 331-332; South Asia Industries Pri•1ate Ltd. v. S.B. Sarup Singh and
AUNDAL AMMAL v. SADASIVAN PILLAI [MUKHARJI, J.] 487

Others, [1965] 2 SCR 756 & Vishesh Kumar v, Shanti Prasad, [1980] 3 SCR A
32, relied upon, ·

Ouseph Vareed v. Mary, (1968) K.L.T. 583, over-ruled,

Maung Ba Thaw and Another~Inso/vents v, Ma Pin, AIR 1934 P.C.
81, distinguished. B

Kurien v. Chacko, (1960) KLT 1248, approved.

In the instant case, the appeal lay from Rent Control Court to the
appellant authority who was the Subordinate Judge and therefore the revision
lay to the District Judge. After the dismissal of the revision by the District C·
Judge from the appellate decision of the Subordinate Judge who confirmed
the order of the Rent Controller, the respondent-landlord chose again to go
before the High Court under section 115 of the Code of Civil Procedure, But,
he could not have a second revision to the High Court, since the jurisdiction of
the High Court u/ s. 115 of the C.P .C.was excluded by the Act. [491 H-492 B, D]
D
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5032 of
1985

From the Judgment and Order dated 20.8.1985 of the Kerala High
Court in C.R.P. Nos. 1643 and 2552 of 1980.
E
P.S. Poti and E.M.S. Anam for the Appellant.

G. Vishwanath Iyer, p.K. Pillai and K. Dileep Kumar for the
Respondent.

The Judgment of the Court was delivered by F

SABYASACHI MUKHARJI, J, This appeal by special leave from the
decision oflearned single judge of the High Court of Kerala is disposed ofon a
short question of law.

The appellant is a tenant. The High Court had reversed the concurrent G
findings and the decisions of three courts below it and ordered eviction of the
appellant.

The dispute relates to a portion of the ground floor of a three-storeyed
building situated in one of the busiest commercial areas Pazhavangadi of the
H
city,.of Trivandrum. where the appellant had been conducting a tea shop by
488 SUPREME COl RT REPORTS [1987] I S.C.R.

A name 'Sourashtra Hotel'. In the adja,;ent rooms on the ground floor, the
landlord was conducting a business in textiles namely'Sarnda Textiles'. The
tenancy began on 12th June, 1965. The tenancy was taken by the husband of
the appellant. The rent was Rs. 140 per month. The husband of the appellant
died. Thereafter the appellant had been conducting the business from there.

B On or about 15th April, 1976, the respondent purchased a three storeyed
building. The petition schedule premise; is a portion of the ground floor of the
said three storeyed building. It is the case of the appellant thatthere were seven
rooms on the first floor of the said building out ·of which four were in the
possession of the respondent and three rented out as aforesaid. The premises
on the second floor were used by the respondent-landlord as a lodge. On 9th
c April, 1977, the respondent filed an application under section 17 of the Kerala
Buildings (Lease and Rent Control) Act, 1965 (hereinafter called the Act) for
permission to convert the'non-residential building to a residential building. On
30th November, 1977, the Accommodation Controller rejected the ;aid
application.

D On 2nd June, 1978, the respondent filed the petition for eviction of the
appellant on the ground of bona fide need of the premises in question for his
residence. Arrears of rent was also one of the grounds taken against the
appellant. The tenant duly filed his objection. On 31st October, 1978, the Rent
Control Court dismissed the respondcnt-landlord's petition for eviction. It
was found that the landlord had other buildings in his own possession and
E therefore. no order of eviction could be passed by virtue of the first proviso to
section 1 l (3) of the Act. The Rent Control Appellate Authority on or about
2nd July. 1979 dismissed the respondrnt-landlord's appeal.

On 28th March, 1980, the revision petition filed by the respondent was
also dismissed by the District Court.
F
The High Court was moved by i:he respondent-landlord under section
115 of the Code of Civil Procedure.

The husband of the appellant die:! on 8th May, 1985. She was therefore
impleaded as the legal representative a 1d she is conducting the business since
G the death of her husband.

By the order dated 20th August, 1985, the High Court by its impugned
order has set aside all the orders of the courts below. The tenant, the appellant
herein has come up in appeal to this Court under article 136 of the
Constitution.
H
AUNDAL AMMAL v. SADASIVAN PILLAI [MUKHARJI, J.] 489

Several questions were posed before us in this case, inter a/ia, (i) whether A
the revision under section 115 of the Code of Civil Procedure lies to the High
Court from a revision order passed under section 20 of the said Act? (ii)
whether the High Court has exceeded its jurisdiction under section 115 in
setting aside the judgments and orders of the courts below in ordering eviction
of the appellant from the premises in question reversing the findings of facts?
(iii) whether eviction of a tenant from a non-residential building could be B
ordered for the user of the building for residence of the landlord, if the
Accommodation Controller had refused permission under section 17 of the
Act to convert the building from non-residential to residential? (iv) where the
Accommodation Controller refused the permission to convert the building
from non-residential to residential, does the claim to the building by the
landlord for a residential purpose become illegal and not recognised by law (,
and whether the claim of the-landlord can still be held to be bona fide? (v)
whether in ordering eviction the special reasons relied on by the High Court on
a reappreciation of facts are borne out from the evidence in this case and
whether the facts stated by the High Court constitute "special reasons"
required under the first proviso to section 11 (3) in ordering eviction and setting
aside the judgments and orders of the courts below.
D

For the present purpose, it is relevant to refer to section 11(3) of the Act
which provides as follows:

"11(3). A landlord may apply to the Rent Control Court foran
order directing the tenant to put the landlord in possession of E
the building if he bona fide needs the building for his own
occupation or for the occupation by any member of his family
dependent on him;

Provided that the Rent Control Court shall not give any . F
such direction if the landlord has another building of his own in
his possession in the same city, town or village except where the
Rent Control Court is satisfied that for special reasons, in any
particular case it will be just and proper to do so:

Provided further that the Rent Control Court shall not G
give any direction to a tenant to put the landlord in possession,
if such nonant is depending for his livelihood mainly on the
income derived from any trade or business carried on in such
building and there is no other suitable building available in the
, locality for such person to carry on such trade or business;
H
Provided further that no landlord whose right to recover
490 SUPREME COURT REPORTS [ 1987] I S.C. R.

A possession arises under an .nstrument of transfer inter vivos
shall be entitled to apply to be put in possession until the expiry
of one year from the date of the instrument;

Provided further that if a landlord after obtaining an
order to be put in possessior transfers his rights in respect of the
B
building to another person, the transferee shall not be entitled
to be put in possession unle:;s he proves that he bona fide needs
the building for his own occupation or for the occupation by
any member of his family dependent on him."

In the view we have taken on the question that no revision lay to the ·'\_
C High Court, it is not necessary to refer to other provisions of the Act or to the
details of the facts of this case. It is, howe;er, necessary to refer to sections 18 ).-
and 20 of the Act which are as follows:

"18. Appeal-{!) (a) The Government may, by general or
special order notified in the Gazette, confer on such officers
D
and authorities not below the rank of a Subordinate J uc!ge the
powers of appellate authorities for the purposes of this Act in
such areas or in such classes of cases as may be specified in the
order.

(b) Any person aggrieved by an order passed by the Rent }
E
Control Court may, within thirty days from the date of such
order, prefer an appeal in writing to the appellate authority
having jurisdiction. In computing the thirty days aforesaid, the
• - time taken to obtain a certified copy of the order appealed
against shall be excluded.
F
(2) On such apreal being preferred, the appellate
authority may order stay of further proceedings in the matter
pending decision on the appeal.

(3) The appellate authority shall send for the records of \
the case from the Rent Control Court and after giving the
G
parties an opportunity r.f being heard and, if necessary, after
making such further inquiry as it thinks fit either directly or
through the Rent Control Court, shall decide the appeal.

Explanation:-The appellate authority may, while
H confirming the order ol' eviction passed by the Rent Control
AUNDAL AMMAL v. SADASIVAN PILLAI (MUKHARJI, J.] 491

··~· Court, grant an extension of time to the tenant for putting the A
landlord in possession of the building.

(4) The appellate authority shall have all the powers of
the Rent Control Court including the fixing of arrears of rent.

(5) The decision of the appellate authority, and subject to
B
such decision, an order of the Rent Control Court shall be final
and shall not b,. liable to be called in question in any Court of
law, except as provided in section 20.

20. Revision:-{ I) In cases where the appellate authority
empowered under section 18 is a Subordinate Judge, the c
District Court, and in other cases the High Court may, at any
time, on the application of any aggrieved party, call for and
examine the records relating to any order passed or
proceedings taken under this Act by such authority for the
purpose of satisfying itself as to the legality regularity or
D
propriety of such order or proceedings and may pass such
order in reference thereto as it thinks fit.

(2) The costs of and incidental to all proceedings before
the High Court or District Court under sui;section (I) shall be
in its discretion.,. '
E
It has further to be borne in mind that the Act in question was an Act to

- regulate the leasing of buildings and to control the rent of such buildings in the
State of Kerala.

It was contended by Shri Poti, learned co\msel for the appellant, that no F
~revision lay to the High Court. He submitted that section 18(5) read with
) section 20 of the Act has completely ousted the High Court's jurisdiction to
interfere in this matter under section 115 of the Code of Civil Procedure.

Under the scheme of the Act it appears that a landlord who wants
eviction of his tenant has to move for eviction and the case has to be disposed G
of by the Rent Control Court. That is provided by sub-se.ction (2) of section 11
of the Act. From the Rent Control Court, an appeal lies to the Appellate
Authority under the conditions laid down under sub-section (I )(b) of section
18 of the Act. From the ·Appellate Authority a revision in certain
circumstances lies in case where the appellate ciuthority is a Subordinate Judge
to the District Court and in other cases tu the High Court. In this case as
H
mentioned hereinbefore the appeal lay from Rent Control Court to the
492 SUPREME COURT REPORTS [1987] I S.C.R.

A appellate authority who was the Subordinate Judge and therefore the revision ?"'
lay to the District Judge . .Indeed it is indisputed that the respondent has in this
case taken resort to all these provisions. After the dismissal of the revision by
the District Judge from the appellate d'~cision of the Subordinate Judge who
confirmed the order of the Rent Cont roller, the respondent-landlord chose
again to go before the High Court under" section 115 of the Code of Civil
B Procedure. The question, is, can he haw a second revision to the High Court? ~
Shri Poli submitted that he cannot. We are of the opinion that he is right. This
position is clear if sub-section (5) of section 18 of the Act is read in conjunction
with section 20 of the Act. Sub-section (5) of section 18, as we have noted
herein before, clearly stipulates that the jecision of the appellate authority and
subject to such decision, an order of he Rent Controller 'shall be final' and ''\
c '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
am bits of revisional powers are well-settled and need not be re-stated. It is
inconceivable to have two revisions. The scheme of the Act does not warrant
D such a conclusion. In our opinion, the expression 'shall be final' in the Act
means what it says.

In Kydd v. Watch Committee of City of Liverpool. [1908] Appeal Cases
327 at 331-332. Lord Lore burn LC., construing the provisions of section 11 of
the Police Act, 1890 of England which provided an appeal to quarter sessions )..
E as to the amount of a constable's pension, and also stipulated that the Court
shall make an order which would be .:ust and final, observed:

"Where it says, speaking of such an order, that it is to be final, I
think it means there is i:o be an end of the business at quarter
sessions .... .....".
F
The said observation could n-,ost appropriately be ·applied to the
-''°'.i.,
expression used by the legislature in si:b-section (5) of section 18 of the Act in ·
question. It means what it says that subject to the decision of the appellate
authority, the decision of the Rent Co otroller shall be final and could only be
questioned in the manner provided in :;ection 20 and in no other manner. The
G intention of the legislature in enacting the said Act is clear and manifest from
this section and the scheme of.the Act. that is to say, to regulate the leasing of
buildings and to control the rent of such buildings and to provide a tier of
courts by themselves for eviction of the rented premises. This is writ large in
the different provisions of the Act. This Court, referring to the aforesaid
H observations of Lord Loreburn, LC in the case of South Asia Industries
Private Ltd. v. S.B. Sarup Singh and Others. [1965] 2 S.C:R. 756 observed at
AUNDAL AMMAL v. SADASIVAN PILLAI [MUKHARJI, J.] · 493

page 766 of the report that the expression "final" prirn'afacie meant that an
A
order passed on appeal under the Act was conclusive and no further appeal
lay. This Court was construing sections 39 and 43 of the Delhi Rent Control
Act, 1958 and the effect thereof in the context of Letters Patent Appeal. There
sections 39 and 43 provided as follows:-

"Section 39. (I) Subject to the provisions of sub-section (2), an B
appeal shall lie to the High Court from an order made by the
Tribunal within sixty days from the date of such order.

' appeal shall lie under sub-section(!), unless the
(2) No
appeal involves some substantial question of law.
c
· Section 43. Save as otherwise expressly provided in this
Act, every order made by the Controller or an order passed on
appeal under this Act shall be final and shall not be calied in
question in any original suit, application or execution
proceedings."
D
This Court observed at page 766 that a combined reading
of the said two sections made it clear that subject tu the right of
appeal to the High Court on a substantial question oflaw, the
order passed by the Controller or an· order passed on appeal
was final ahd ·could not be called in question in any original
suit, application or execution proceeding. The use of the E
expression "shall be final" will have to be understood in the

.. proper context and keeping in view the purpose of the different
sections .

On behalf of the respondent, Shri Iyer relied on a
decision of the Full Bench of the Kerala High Court.on which F
the High Court had rested its decision in Ouseph Vareed·v.
Mary, [1968] K.L.T. 583. in repelling the submission by the
appellant on this aspect. There the High Court was concerned
with the identical Act. Balakrishna Eradi, J. speaking for the
Full Bench of the Kerala High Court on this contention after
referring to several decisions observed at pages 588-589 of the G
report as follows:

"The contention of the respondent that the decision of the
District Court rendered under S. 20( 1) is not amenable to
revisional jurisdiction of the High Court under S. 115 of the
Civil Procedure Code is based mainly on the provision for H
494 SUPREME COURT REPORTS [1987] I S.C.R.

finality contained in S. 18(5:1 of the Act. That Section is in the
A
.following terms:-

"The decision of the appellate authority, and subject to
such decision, an order of the Rent Control Court shall
be final and shall not be liable to be called in question in
B any Court of Jaw, except as provided in S. 20."

What is to be noted here is that there is nothing in the Section
which says that the decisio'1 of the revisional authority under
S. 20 shall be final and shall not be called in question in any
-\
higher court." \

c The learned judge referred to the decision of the Judicial Committee in
the case of Maung Ba Thaw and Anothe'-Insolvents v.Ma Pin, AIR 1934
P.C. 81. The learned judge also referred to a decision of this Court in South
Asia Industries (P) Ltd. v. S.B. Sarup Sinrh & Ors. (supra). The learned judge
concluded that so long as there was no specific provision in the statute making
D the determination by the District Court Jinai and excluding the supervisory
power of the High Court under section 115 of the Code of Civil Procedure, it
had to be held that the decision rendered by the District Court under section
W( l) of the Act being a decision of a court subordinate to the High Court to
which an appeal lay to the High Court was liable to be revised by the High
Court under section 115 of the Code of Civil Procedure. In that view of the
E matter, the Full Bench rejected the view of the division bench of the Kerala
High Court in Kurien v. Chacko, [1960] KLT 1248. With respect, we are
unable t~ sustain the view of the Full Bench of the High Court on this aspect of
the matter. In our opinion, the Full Bench misconstrued the provisions of sub-
.
section (5) of section 18 of the Act. Sub-,ection (5) of section 18 clearly states
that such decision of the appellate authority as mentioned in section 18 of the
F Act shall not be liable to be questioned except in the manner under section 20
of the Act. There was thereby an implied prohibition or exclusion of a second
revision under section 115 of the Code of Civil Procedure to the High Court
when a revision has been provided under section 20 of the Act in question.
When section 18(5) of the Act specifically states that "shall not be liable to he
called in question in any Court of law" except in the manner pr.;vided under
G section 20, it cannot be said that the Hi,;h Court whic'1 is a court of law and
which is a civil court under the Code of Civil Procedure under section 115 of
• the Code of Civil Procedure could revise again an order once again after -f
revision under section 20 of the Act. That would mean there would be a trial by
four,courts, that would be repugnant to the scheme manifest in the different
sections of the Act in question. Public policy or public interest demands
H curtailment of law's delay and justice demands finality within quick disposal of
AUNDAL AMMAL v. SADASIVAN ·PILLAI [MUKHARJ!, J.) 495

case. The language of the provisions of section 18(5) read with section 20 A
inhibits further revision. The courts must so construe .

. Judicial Committee in Maung Ba Thaw v. Ma Pin(supra) was dealing
with the Provincial Insolvency Act and the Judicial Committee observed that
when a right of appeal was given to any of the ordinary courts of the country,
the procedure, orders and decrees of thai Court would be governed by the B
ordinary rulc.:s of the Civil Procedure Code, and therefore an appeal to Privy
Council was maintainable from the decision of the High Court. Here in the

- )-·•
instant case the right of appeal has been given under the Act not to any
OFdinary court of the country u~der the Code of Civil Procedure but to the
courts enumerated under the Rent Act. In that view of the matter the ratio of
that decision cannot be applied ia aid of the submission for respo~deht in this
case.
c

Indeed this view, in our opinion, is concluded by the oecision of this
Court in the case of Vishesh Kumar v. Shanti Prasad, [1980] 3 S.C.R. 32 where
this Court was concerned with section 115 of the Code of Civil Procedure and
the amendments made therein which superseded the bifurcation of the n'
revisional jurisdiction between the High Court and the District Court. The
High Court possessed revisional jurisdiction from an order of District Judge
disposing of revision petition, This Court observed that section 115. of the
Code of Civil Procedure conferred on the High Court of a State power to
remove any jurisdictional error committed by a subordinate court in cases
where the error could not be corrected by resort to its appellate jurisdiction. E
There after tracing the history of the amendment of the Code of Civil

- Procedure by Amendment Act, l 97(i, this Court observed that the
amendment superseded the scheme of bifurcation of revisional jurisdiction
with effect from !st February, 1977. Section 25 of the Provincial Small Cause
Courts Act was amended from timew tin\e in its application to the State of
U .P. The two questions that fell for consideration before this Court were (i) F
whether the High Court possessed the revisionaljurisdiction under section 115
of the Code of Civil Procedure in respect of an order .of the District Court \

under section 115 disposing of a revision petition and (ii) whether the High
Court possessed revisional jurisdiction under section 115 of C.R.C. against an
order of District Court under section 25 of Provincial Small Cause Courts
Act. It was held that the High Court was not vested with that revisional G
jurisdiction. This Court was of the view that an order under secti~n 25 of the
Provincial Small Cause Courts Act was not of a court of District Court and
was not ame~able of revisional jurisdiction. This Court further observed that
an examination of the several provisions of the Provincial Small Cause Courts
Act indicated that it was self-sufficient code so far as the enquiry covered by
that Act was concerned. All the indications in the Act were to that effect. After H
496 SUPREME COURT REPORTS [1987] I S.C.R.

A analysing the scheme and referring to the decisions of this Court, this Court
held that the jurisdiction of the High Court under section 115 of the Code of
Civil Procedure was excluded.

In that view of the matter, we are of the opinio11 that the Full Bench of
the Kerala High Court was in error and the High Court in the instant case had
8
no jurisdiction to interfere in this matter under section 115 of C.P.C.

It was urged that in case we are of the opinion that a revision under
section 115 of the Code of Civil Procedure does not lie, the case should be
remitted to the High Court for consideration as a petition under article 227 of
the Constitution. We are unable to accede.,\ petition under article 227 of the
C Constitution is different from revision under section 115 of the Code of Civil
Procedure. The two procedures are not interchangeable though there are some y-
common features. It must, however, be omphasised that we are not dealing in
this appeal with the constitutional powers of the High Court under article 227
of the Constitution nor are we concerned with the powers of the High Court
regulating appeals under the Kerala High Court Act, 1958. We are concerned
0
in this case whether the High Court, in view of the scheme of the Act, han
jurisdiction to interfere under section 115 of the Code of Civi) Procedure. We
reiterate that to vest the High Court with any such jurisdiction would be
contrary to the scheme of the Act, would be ,;ontrary to the public policy, and
would be contrary to the legislative intent as manifest from the different
sections of the Act.
E
In that view of the matter, the appeal must be allowed on that ground
alone and it is not necessary for us to refer to the other grounds. We must
necessarily overrule the decision of the Full Bench of the Kerala High Court
referred to hereinbefore.

F Before we conclude, we must, however, note that Shri Poti appearing ·)
for the tenant has conceded that rent should !Je increased to Rs. 500 per month \.
for the premises in question, as the existing rent is Joo loW. The appeal is
accordingly allowed and we direct on the concessivri of Shri Poli that rent
would be Rs. 500 per month from this date. The judgment and order of the
High Court are set aside.
G
In the facts and circumstances of this case, there will be no order as to
costs.

M.L.A. Appeal allowed.

H