AUNDAL AMMAL versus SADASIVAN PILLAI

AUNDAL AMMAL versus SADASIVAN PILLAI

The Kerala Buildings (Lease & Rent) Control Act, 1965, Section 18(5) read with Section 20, ousts the jurisdiction of the High Court under Section 115 C.P.C. for further revision after the District Judge's decision; a second revision to the High Court was not permissible under the Act's scheme, and the High Court...

Source-derived case information.

Parties
Appellant: Aundal Ammal; Respondent: Sadasivan Pillai
Jurisdiction
India
Judgment Date
09 December 1986
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Kerala High Court
Outcome
Appeal allowed; judgment and order of the Kerala High Court set aside.
Legal Topics
Jurisdiction of High Court, Finality of Orders, Lease and Rent Control, Revision Procedures
Landlord Tenant Law Civil Procedure Jurisdiction of High Court Finality of Orders Lease and Rent Control Revision Procedures

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Aundal Ammal

Appellant

Sadasivan Pillai

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Kerala High Court

Legal Issues

  1. 1 Whether the High Court's jurisdiction to interfere via Section 115 C.P.C. was ousted by the Kerala Buildings (Lease & Rent) Control Act, 1965, Section 18(5) read with Section 20
  2. 2 Whether respondent-landlord could have a second revision to the High Court after revision to the District Judge under Section 20
  3. 3 Meaning of 'shall be final' and 'shall not be liable to be called in question in any court of law' in the Act

Ratio Decidendi

The Kerala Buildings (Lease & Rent) Control Act, 1965, Section 18(5) read with Section 20, ousts the jurisdiction of the High Court under Section 115 C.P.C. for further revision after the District Judge's decision; a second revision to the High Court was not permissible under the Act's scheme, and the High Court erred in entertaining such revision.

Court Disposition

Appeal allowed; judgment and order of the Kerala High Court set aside.

Orders

  • Rent for the premises increased to Rs. 500 per month from this date, as conceded by the appellant's counsel.
  • No order as to costs.