Girish Chandra Gupta, J. - (1.) This revisional application is directed against an order dated 28.4.1987 by which an application challenging the maintainability of a proceeding for recovery of possession initiated by the State of Sikim against the petitioner was dismissed. Only point which has been raised by the learned Counsel appearing in support of the application is that the State of Sikim is not exempted from the operation of the provisions of the West Bengal Premises Tenancy Act, 1956. Relevant provision in this regard is Section 1 of the West Bengal Premises Tenancy Act, 1956 which provides as follows : "1. Short title, commencement and extent.-(1) This Act may be called the West Bengal Premises Tenancy Act, 1956. (2) It shall come into force on such date as the State Government may, m by notification appoint. (3) It extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipalities under the provisions of the Bengal Municipal Act, 1932 (Ben. Act XV of 1932) : Provided that the State Government may by notification, extend this Act or any part thereof to any other area specified in the notification, or may by notification exclude any area from the operation of this Act or any specified part thereof : Provided further that this Act shall not apply - (a) to any premises belonging to any local authority, (b) to any premises belonging to or requisitioned by Government. (c) to any tenancy created by Government in respect of any premises taken on lease by Government. Explanation - For the purpose of the section, the expression "total authority" shall include the Board called the Trustees for the Improvement of Calcutta, referred to in Section 3 of the Calcutta Improvement Act, 1911 (Bet Act V or 1911), as well as any body corporate or authority that may hereafter be constituted under any law for the time being in force for the improvement of any municipality, town or cantonment."
(2.) The underlined portion of the statute (underline has been provided by me for emphasis) leaves no manner of doubt that the provisions the West Bengal Premises Tenancy Act do not apply to any premise; belonging to Government. The question is whether by the expression "Government" what is meant is the State Government or the Central Government or any Government The expression "Government" has not be a defined in the West Bengal Premises Tenancy Act. Recourse may therefore be had to the provisions of the General Clauses Act where the expression "Government" has been defined as follows:- "Government. 3(23)-'Government' or 'the Government' shall include both the Central Government and any State Government."
(3.) In the case of Ram Pratap Jaidayal v. Dominion of India, reports in AIR 1953 Bombay 170 High Court of Bombay held as follows:- "If a State legislation refers to 'the Government', ordinarily that expression would mean the Government of that particular State ; it is on when the State legislation would refer to 'Government' in that indefinite sense would mean both the Central Government and the Slain;