OUSEPH MATHAI AND ORS. versus M. ABDUL KHADIR

OUSEPH MATHAI AND ORS. versus M. ABDUL KHADIR

The High Court erred in assuming jurisdiction under Article 227 to grant discretionary relief to tenants who failed to deposit arrears of rent within statutory periods prescribed by the Kerala Building (Lease and Rent Control) Act, 1965. Article 227 powers are not an extension of appellate or revisional powers under the Act. The tenants, having defaulted in rent payment at all relevant times and not availed opportunities provided by statute and courts, are not entitled to any discretionary relief under Article 227. The High Court's order condoning the delay and granting relief was unsustainable.

Parties
Appellant: Ouseph Mathai and Ors.; Respondent: M. Abdul Khadir
Jurisdiction
India
Judgment Date
05 November 2001
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Judgment and Order Dated 23.10.2000 in CRP No. 1913 of 1995
Outcome
Appeals allowed
Legal Topics
Eviction Proceedings, Discretionary Powers Under Article 227, Arrears of Rent, Extension of Time for Deposit
Rent Control Constitutional Law Eviction Proceedings Discretionary Powers Under Article 227 Arrears of Rent Extension of Time for Deposit

Case Brief

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Parties

Ouseph Mathai and Ors.

Appellant

M. Abdul Khadir

Respondent

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Judgment and Order Dated 23.10.2000 in CRP No. 1913 of 1995

Legal Issues

  1. 1 Whether the High Court can exercise powers under Article 227 to grant relief to tenants who defaulted in timely payment of arrears of rent under Kerala Building (Lease and Rent Control) Act, 1965
  2. 2 Whether proceedings under Article 227 can be considered an extension of statutory revision or appeal under the Act for the purpose of condoning delay in deposit of arrears

Ratio Decidendi

The High Court erred in assuming jurisdiction under Article 227 to grant discretionary relief to tenants who failed to deposit arrears of rent within statutory periods prescribed by the Kerala Building (Lease and Rent Control) Act, 1965. Article 227 powers are not an extension of appellate or revisional powers under the Act. The tenants, having defaulted in rent payment at all relevant times and not availed opportunities provided by statute and courts, are not entitled to any discretionary relief under Article 227. The High Court's order condoning the delay and granting relief was unsustainable.

Court Disposition

Appeals allowed

Orders

  • Order of Kerala High Court set aside
  • Order of appellate and revisional authority upheld against respondents-tenants