Revision under Section 115 cannot correct mere errors in tenant protection findings under rent control law.

Section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 only provides tenant protection where the statutory conditions are met; it does not oust the court's jurisdiction to try an ejectment suit. The District Court was competent to decide whether the tenant had shown readiness and willingness to pay standard rent and permitted increases, and an error in that determination did not amount to jurisdictional error under section 115 of the Code of Civil Procedure, 1908. The Supreme Court held that the High Court could not revise and set aside the District Court's decree on that basis, so the revisional interference was unwarranted.

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Issues: Whether the High Court could interfere in revision under section 115 of the Code of Civil Procedure, 1908 with the District Court's finding that the tenant had established readiness and willingness to pay standard rent and was entitled to protection against eviction under section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Analysis: Section 12 of the Act does not take away the jurisdiction of the court to entertain and decide a suit for ejectment. It only confers a protection on the tenant if the statutory conditions are satisfied. Whether the tenant had complied with those conditions, or had established readiness and willingness to pay standard rent and permitted increases, was a within the jurisdiction of the District Court. Even if the District Court reached an erroneous conclusion on facts or law, that would not amount to the exercise of jurisdiction not vested in it, refusal to exercise jurisdiction vested in it, or an illegal or materially irregular exercise of jurisdiction within the meaning of section 115 of the Code of Civil Procedure, 1908.

Conclusion: The High Court had no jurisdiction to set aside the District Court's decree in revision. The revisional interference was unwarranted and the tenant's protection under the Act stood.

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