HARISH TANDON, J. - (1.) THIS revisional application is directed against Order dated 23rd September 2005 passed by the Rent Controller, Bidhannagar, North 24 Parganas in R.C. No. 72 of 2003 whereby and whereunder the proceeding under Section 9(3)(a) of the West Bengal Premises Tenancy Act, 1997 was dismissed.
(2.) THIS proceeding has been initiated by the petitioner, being a special category of landlord as defined under Section 9 of the said Act, for eviction of the opposite party on the ground of reasonable requirement.
(3.) AT the time of initiation of the proceeding, a certificate, issued by the Area Commander, was produced and summons were thereafter issued by the said authority. Admittedly, the opposite party received the summons and appeared before the Rent Controller. The Rent Controller dismissed the said application for want of the certificate, having not been filed at the time of initiation of the said proceeding. It would be profitable to quote Section 9 of the West Bengal Premises Tenancy Act, 1997 which reads thus : "9. Right to recover immediate possession - (1) Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force or in any contract to the contrary, the right to recover immediate possession of any premises let out shall accrue to the landlord who - (a) is a Government employee or retired Government employee, (b) Is in occupation of any residential premises allotted to him by his employer, (c) is required by, or in pursuance of, an order made by his employer to vacate such residential accommodation or, in default, to incur certain obligations on the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependent child at or near the place of posting, and [d) has reasonable requirement of the premises for his own occupation.] (2) Where the landlord is a released or retired person from the Army, Navy or Air Force or will retire within a period of less than one year as a member of the Army, Navy or Air Force and the premises let out by him are required for his own occupation or where the landlord is the parent or wife of a member of the Army, Navy or Air Force who dies while in service or within five years of retirement and the premises let out by such member are required for the occupation of the family of such member, [the landlord may institute a suit before the Civil Judge] for recovery of immediate possession of such premises. (3) Whenever [any suit is instituted before the Civil Judge] by a landlord under sub -section (1) or sub -section (2), [the Civil Judge] shall issue summons in the form specified in Schedule I, provided that - (a) where the landlord has retired or will retire within a period less than one year as a member of the Army, Navy or Air Force, a certificate by the Area or Sub -Area Commander within whose jurisdiction the premises is situated or by the head of his service or by his Commanding Officer that he retired or will retire as such members and that he requires the premises for his own occupation or for the occupation of his family after retirement, or (b) where the landlord is the parent or wife of such member of the Army, Navy or Air Force, a certificate by the Area or Sub -Area Commander within whose jurisdiction the premises is situated or the Area or Sub -Area Commander under whom such member serves that he or she is the parent or wife, as the case may be, of such member of the Army, Navy or Air Force, and that he or she requires the premises for his or her occupation or for the occupation of his or her family after the retirement of such member, shall be produced before [the Civil Judge] [while instituting such suit]. Explanation - For the purposes of this subsection, Area or Sub -Area Commander shall include (a) in case of persons retired from the Navy, Flag Officer Commanding and Chief of Naval Command and (b) in the case of persons retired from the Air Force, the Air Force Station Commander. (4) In addition to, and simultaneously with, the issue of summons for service on the tenant and the subtenant, if any, [the Civil Judge) shall also direct the summons to be served by registered post with acknowledgement due, duly addressed to the tenant and the sub -tenant or their agents empowered to accept the service at the place where the tenant and the sub -tenant or their agents actually and voluntarily reside or carry on business or personally work for gain and may if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant and the sub -tenant are last known to have (5) When acknowledgement purporting to be signed by the tenant and the sub -tenant or their agents is received by [the Civil Judge] or the registered article containing the summons is received back with endorsement purporting to have been made by a postal employee to the effect that the tenant and the sub -tenant or their agents refused to take delivery of the registered article, [the Civil Judge] may declare that there has been valid service of the summons. (6) The tenant and the sub -tenant on whom the summons is duly served, shall not contest the prayer for eviction from the premises unless they file an affidavit within two months of service of summons stating the ground on which they seek to contest the application for eviction and obtained leave from [the Civil Judge] and, in default of their appearance in pursuance of the summons or their obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and sub -tenant and the applicant shall be entitled to an order for eviction on the basis of the statement as aforesaid. (7) [The Civil Judge] shall, within fifteen days from the date of filing of the affidavit by the tenant or the sub -tenant, as the case may be, grant to the tenant or the sub -tenant leave to contest the application if the affidavit filed by the tenant or the sub -tenant discloses such facts as would disentitle the landlord from obtaining an order for recovery of possession of the premises on the ground specified in clause (d) of sub -section (1) of section 6. (8) Where leave is granted to the tenant or the sub -tenant to contest the application., [the Civil Judge] shall commence hearing of the application on a date not later than one month from the date of grant of the leave as aforesaid and shall conclude the hearing and give his decision within three months from the date of commencement of hearing. (9) Where [the Civil Judge] decides at the conclusion of the hearing that the tenant or the subtenant of any premises shall put the landlord in possession of the said premises, he shall direct the tenant or the sub -tenant, as the case may be, to put the said landlord in possession of the said premises within such period, not exceeding six months from the date of decision, as he thinks reasonable. [(10)] * * *] (11) The provisions of sub -section (3) and subsection (4) of section 6 shall, as far as possible, be applied to a proceeding under this Chapter but nothing contained in sub -section (2) of section 6 shall apply to such proceeding. (12) No appeal shall lie against an order for the recovery of possession of any premises made by [the Civil Judge] in accordance with the provisions of this section, provided the High Court or the Tribunal, as the case may be, may, for the purpose of satisfying itself that an order made by [the Civil Judge] under this section is according to law, call for the case and pass such order in respect thereto as it thinks fit. (13) Where no application has been made to the High Court or the Tribunal for revision, [the Civil Judge] may exercise the power of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908). (14) An order passed by [the Civil Judge] shall be executed [in accordance with the provisions of Order XXI of First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).]" ;