TMI Blog2013 (3) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... so applied under Section 10 CPC for stay of the proceedings of the application filed by the appellant. His prayer was declined by the competent authority vide order dated 2-11-2007. Writ Petition No. 9160 of 2007 filed by the respondent for quashing the order of the competent authority was dismissed2 by the learned Single Judge of the High Court vide order dated 12-2-2008. 3. In the meanwhile, the respondent filed an application for framing a preliminary issue whether the competent authority has the jurisdiction to decide the application filed under Section 24 of the Act. The same was dismissed by the competent authority vide order dated 7-5-2008 by recording the following observations: 11. In the case on hand, the applicant has come with the case that the relationship between the parties is of licensor and licensee, on the basis of leave and licence agreement between the parties dated 30-7-2003. While arguing the matter, the learned advocate for the opponent pointed out that by way of skilful drafting the applicant has tried to bring the application (Ext. 1), within the scope of the MRC Act, 1999. The purpose for giving the premises to the opponent is not specified in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. The learned Single Judge treated the petition as one filed under Article 227 of the Constitution and held that the competent authority did not have the jurisdiction to entertain the application filed by the appellant. Paras 7 to 11 of the order passed by the learned Single Judge which contain the reasons for his conclusion are extracted below: 7. Going by the contents of the agreement, it is amply clear that the premises were let out to the petitioner in terms of the said agreement not exclusively for residential purposes. If it is so, the provisions of Section 24 of the Act will have no application to such a case. For, Section 24 governs premises given on licence for residence and no other premises. Ordinarily, the issue of jurisdiction has to be addressed on the basis of the averments in the plaint. As aforesaid, there is no clear averment in the plaint that the premises were let out for residential use only. It is for that reason, in the fact situation of the present case, the Court was required to not only look at the original application but also the agreement of leave and licence which is an integral part of the petition as the respondent has himself referred to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent before the competent authority being Application No. 21 of 2007 will have to be dismissed for want of jurisdiction of the competent authority. Ordered accordingly. 5. We have heard the learned counsel for the parties and carefully perused the record. 6. In our view, the impugned order is liable to be set aside because while deciding the writ petition filed by the respondent the learned Single Judge ignored the limitations of the High Court's jurisdiction under Article 227 of the Constitution. The parameters for exercise of power by the High Court under that article were considered by the two-Judge Bench of this Court in Surya Dev Rai v. Ram Chander Rai 2003 6 SCC 675. After considering various facets of the issue, the two-Judge Bench culled out the following principles: (SCC pp. 694-96, para 38) (1) Amendment by Act 46 of 1999 with effect from 1-7-2002 in Section 115 of the Code of Civil Procedure cannot and does not affect in any manner the jurisdiction of the High Court under Articles 226 and 227 of the Constitution. (2) Interlocutory orders, passed by the courts subordinate to the High Court, against which remedy of revision has been excluded by CPC Amen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e pendency of any suit or proceedings in a subordinate court and the error though calling for correction is yet capable of being corrected at the conclusion of the proceedings in an appeal or revision preferred thereagainst and entertaining a petition invoking certiorari or supervisory jurisdiction of the High Court would obstruct the smooth flow and/or early disposal of the suit or proceedings. The High Court may feel inclined to intervene where the error is such, as, if not corrected at that very moment, may become incapable of correction at a later stage and refusal to intervene would result in travesty of justice or where such refusal itself would result in prolonging of the lis. (8) The High Court in exercise of certiorari or supervisory jurisdiction will not convert itself into a court of appeal and indulge in reappreciation or evaluation of evidence or correct errors in drawing inferences or correct errors of mere formal or technical character. (9) In practice, the parameters for exercising jurisdiction to issue a writ of certiorari and those calling for exercise of supervisory jurisdiction are almost similar and the width of jurisdiction exercised by the High Courts i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its jurisdiction of superintendence can interfere in order only to keep the tribunals and courts subordinate to it, within the bounds of their authority . (f) In order to ensure that law is followed by such tribunals and courts by exercising jurisdiction which is vested in them and by not declining to exercise the jurisdiction which is vested in them. (g) Apart from the situations pointed in (e) and (f), High Court can interfere in exercise of its power of superintendence when there has been a patent perversity in the orders of the tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted. (h) In exercise of its power of superintendence High Court cannot interfere to correct mere errors of law or fact or just because another view than the one taken by the tribunals or courts subordinate to it, is a possible view. In other words the jurisdiction has to be very sparingly exercised. (i) The High Court's power of superintendence under Article 227 cannot be curtailed by any statute. It has been declared a part of the basic structure of the Constitution by the Consti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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