TMI Blog1995 (12) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... r eviction. The amendments proposed were, that since the tenant denied the landlord's title without any good faith, he is liable to be evicted, and further, the landlord wanted to add one more paragraph explaining the reason why he wanted the building in question for his own occupation. 4. The same was objected by the tenant. 5. The Rent Controller allowed the application. It is against that order, the present revision is filed, under Article 227 of the Constitution of India. 6. Since the landlord (first respondent herein) had entered appearance by filing caveat, his counsel was also heard at the time of admission itself. 7. The only point urged by learned Counsel for the revision petitioner was that being a functionary under a Statute, Rent Controller has no power to allow the amendment application, and Order 6, Rule 17, C.P.C. has no application, and that by allowing the amendment, the Rent Controller has acted beyond the jurisdiction vested in him. 8. I cannot agree with the learned Counsel for the revision petitioner. It is true that the Rent Controller has to function within the four corners of the Statute and that it is a tribunal. 9. In the decision rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecial position of their own under the scheme of our Constitution. Special matters and questions are entrusted to them for their decision and in that sense, they share with the courts one common characteristic; both the courts and the tribunals are constituted by the State and are invested with judicial as distinguished from purely administrative of executive functions. vide: Durga Shankar Mehta v. Raghuraj Singh [1955] 1 SCR 267 . They are both adjudicating bodies and they deal with and finally determine disputes between parties which are entrusted to their jurisdiction. The procedure followed by the Courts is regularly prescribed and in discharging their functions and exercising their powers, the courts have to conform to that procedure. The procedure which the tribunals have to follow may not always be so strictly prescribed, but the approach adopted by both the courts, and the tribunals is substantially the same, and there is no essential difference between the functions that they discharge. As in the case of courts, so in the case of tribunals, it is the State's inherent judicial power which has been transferred and by virtue of the said power, it is the State's in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing all such acts, or employing such means, as are essentially necessary to its execution, and that the statutory power carries with it the duty in proper cases to make such orders for staying proceeding as will prevent the appeal if successful from being rendered nugatory.... 10. In Mst. Dhani Devi v. Sant Bihari Sharma and Ors. [1969] 2 SCR 507 , the question that came for consideration was under the Motor Vehicles Act. In that case, the applicant for permit died. The question raised was, whether legal representatives could be impleaded, and whether authorities under the Act could impleaded or substitute a person, for which there is no provision. Their Lordships held thus: In the case of death of the applicant before the final disposal of his application for the grant of a permit in respect of his vehicles the Regional Transport Authority has power to substitute the person succeeding to the possession of the vehicles in place of the deceased applicant and to allow the successor to prosecute the application. As the relief sought for in the application is dependent upon and related to the possession of the vehicles, the application is capable of being revived at the instance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y them is also vital to the citizen despite the supervisory powers of superior courts over such exercise. If this be the true position. The reality which cannot be overlooked from the functional point of view, how are we to proceed in delimiting the powers of these bodies in matters of procedure, at least in areas not directly covered by statutes? What, after all, is the inherent power saved by Section 151 of the Code of Civil Procedure? A court is constituted for doing justice and must be deemed to possess all powers as may be necessary to do the right and undo wrongs in the course of administration of justice. Of course, the court must have jurisdiction over the proceedings, before it can exercise the inherent power; but when that is granted, its power to advance the course of justice by relying on unenumerated powers - on inherent power or residuary power, as it is often called - cannot be denied to it. And therefore, where a tribunal exercises the same kind of power i.e., part of the judicial power of the State, why should it be denied similar inherent or residuary powers? If you do not like the name, call it by another; but so long as the tribunal is deciding legal disputes an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amendment of pleadings in appropriate cases. The source of power could be traced to Section 23(1)(j) of the Act or the inherent or residuary powers of the Rent Controller as a court. If it be the former, where the existence of a defect or error is made out, the Rent Controller is competent to allow an amendment to cure the defect or error; if it is the latter, the Rent Controller has always the jurisdiction to allow an amendment as long as it is bona fide and necessary to do justice between the parties and as long as it does not lead to irreparable injury to the opposite party. 12. It is in this connection we have to consider the purpose of the amendment. An amendment to a pleading is necessitated to avoid multiplicity of litigation and also to explain the vagueness, if any, in the pleadings. To decide the real matter in controversy, parties are permitted to amend the pleadings. In certain circumstances, the existing pleadings becomes insufficient or inappropriate due to subsequent events. If amendment is refused and if the party is directed to file another suit or proceeding, the very purpose of coming to court will be defeated. We must understand that both courts and tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original petition for eviction is, in the nature of an explanation about his bona fide requirement of the premises for his own use. He wants to explain the aspect of bona fide requirement for own use, by adding one more paragraph to the petition. It is not an inconsistent or new plea that gives a fresh cause of action to the landlord, as alleged by the tenant. 17. The revision petitioner has filed this revision under Article 227 of the Constitution of India. Only if this Court finds that the Tribunal has exceeds its jurisdiction, this Court is entitled to invoke the judicial supervisory jurisdiction under that article. When the Tribunal has passed an Order only after taking into consideration the interests of justice, I do not find any ground to interfere with the same. The revision petition which is devoid of any merits is liable to be dismissed. 18. The eviction petition which was filed in the year 1981 has not yet been taken up even for trial, though more than fourteen years have elapsed. I am of the view that this revision is filed only to protect the proceedings so that the landlord may not get possession of the building atleast during his lifetime. 19. For the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
