JUDGMENT : Hear Mr. S.P. Roy, learned Counsel appearing for the petitioners as well as Mr. A.C. Sarma, learned senior counsel representing the respondents. 2. This is a common judgment for both the cases. 3. Late Jugal Chandra Das was the owner of the plot of land measuring 18 Laches covered by dag No. 112 of KP Patta No. 156 of village, part IV, Guwahati under Ulubari mouza. The plot of land had a building standing thereon. On 28.09.1998, the land as well as the building was gifted by Lt. Jugal Chandra Das to his son Lt. Hiranya Das. 4. Since the days of Lt. Jugal Chandra Das the petitioner/appellant was a tenant in respect of the said building. In the meantime Lt. Hiranya Das had got the land records corrected. 5. Lt. Hiranya Das issued a notice to the appellant/petitioner on 11.01.1996 asking him to vacate the building. Lt. Hiranya Das pleaded because of acute financial hardship he wanted to start a business to mitigate his hardship. Even the children of Lt. Hiranya Das also wanted to start their business and therefore, the suit premises was required. 6. Finally, Lt. Hiranya Das filed the suit praying for vacant position of the property. 7. The present appellant/petitioner contested the by filing a written statement. It denied that it was a defaulter in payment of rent. The appellant/petitioner pleaded that after the death of Lt. Jugal Chandra Das his widow Smti. Nomita Das used to receive the house rent and at one point of time when she refused to accept the house rent, the same was handed over to her son Lt. Hiranya Das. 8. The appellant/petitioner had pleaded that with the permission of Lt. Jugal Chandra Das it had reconstructed and renovated the old house by spending Rs.78,908/-. It was further pleaded that on the northern part of staircase of the house and extension was made by incurring an expense of Rs.72,692/-. Thereafter, the extension of balcony and the first floor was also done by the appellant/petitioner by incurring an expense of Rs.1,87,361/-. 9. It has been pleaded by the appellant/petitioner that Lt. Jugal Chandra Das had adjusted the aforesaid amounts of money with the monthly house rent. But at the time of filing of the suit Rs.2,60,054/- was yet to be adjusted. It means this money was due to the appellant/petitioner from Lt. Hiranya Das. 10. 9. It has been pleaded by the appellant/petitioner that Lt. Jugal Chandra Das had adjusted the aforesaid amounts of money with the monthly house rent. But at the time of filing of the suit Rs.2,60,054/- was yet to be adjusted. It means this money was due to the appellant/petitioner from Lt. Hiranya Das. 10. From the pleadings of the parties it is not clear that the tenancy is admitted by the appellant/petitioner. Therefore, it is a case between a tenant and a landlord in respect of a building given on rent to the appellant/petitioner. 11. In the State of Assam the relationship between a tenant and a landlord in respect of a house is governed by the Assam Urban Areas Rent Control Act, 1972. Section 8 of the Act of 1972, prohibits filing a second appeal in the High Court. Therefore, the present regular second appeal is not maintainable in law and stands dismissed accordingly. 12. Now I shall take a brief revision petition filed under Article 227 of the Constitution of India r/w Section 115 of the Code of Civil Procedure. 13. Article 227 of the Constitution of India reads as under :- 227. Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction. (2) Without prejudice to the generality of the foregoing provisions, the High Court may- (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. 14. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. 14. The power of Article 227 of the Constitution of India is a supervisory power of the High Court. It exercises this power when the courts and the tribunals subordinate to it fails to exercise its jurisdiction vested on it by a statute and when it exceeds its jurisdiction vested on it by a statute. In the guise of a petition under Article 227 of the Constitution of India the High Court is not supposed to hear an appeal. Even mistakes committed the courts and the tribunals subordinate to the High Court cannot be corrected by excising the power Article 227 of the Constitution of India if those mistakes do not cause prejudice to either of the parties to the litigation. 15. So far as the power under Section 115 of the Code of Civil Procedure is concerned, this power can be exercised when no appeal lies and where the legislature has provided no right of appeal. The Section 115 empowers the High Courts to satisfy itself primarily on three points, namely (i) that the order of the subordinate courts is within its jurisdiction (ii) that the case is one of which the court ought to exercise jurisdiction and (iii) that in exercising jurisdiction the court has not acted illegally i.e. in breach of some provision of law or with material irregularity i.e. by committing some error of procedure in the course of the trial which is material in that it may have affected the ultimate decision. 16. If the High Court is satisfied on those matters, it has no power to interfere because it differs, however, profoundly, from the conclusion of the subordinate courts on questions of fact. 17. It is a settled position of law the words “illegally” and “material irregularity” do not cover either errors of fact or law. They do not refer to decision arrive at but to the matter in which it is reached. The errors contemplated relate to material defects of procedure and not errors of either law or facts after the formalities which the law prescribed having been complied with. 18. They do not refer to decision arrive at but to the matter in which it is reached. The errors contemplated relate to material defects of procedure and not errors of either law or facts after the formalities which the law prescribed having been complied with. 18. Reverting to the case is hand, it is an admitted fact that the petitioner is a tenant under the deceased respondent. The suit house is now required for bona fide use by the deceased/respondent and his children. It is also settled position of law that the landlord is best judge to decide his bone fide requirement. In paragraph 2 of Prativa Devi (Smt) v. T.V. Krishnan, (1996) 5 SCC 353 , the Supreme Court has held as under-- 2. --------------- The landlord is the best judge of his residential requirement. He has a complete freedom in the matter. It is no concern of the courts to dictate to the landlord how, and in what manner, he should live or to prescribe for him a residential standard of their own ---------------. 19. The learned trial court as well as the learned first appellant court has correctly arrived at a finding against the present petitioner. There are no procedural errors in the judgments of the court below in order to warrant the exercise of power under Article 227 of the Constitution of India or under Section 115 of the Code of Civil Procedure. This court under these powers does not interfere with the findings of fact by the courts below. Both the courts have acted within its jurisdiction vested by law. There is no procedural errors and perversity in the judgments of the courts below. 20. With the aforesaid observations, the present revision is found to be devoid of merit and stands dismissed accordingly. 21. The regular second appeal and the revision petition both are disposed of. Send back the LCR.