- (1.) This revision raises an interesting question of law. It arises out of proceedings for summary eviction of a tenant under S.29B of the West Bengal Premises Tenancy Act. 1956. The petitioner was a Lieutenant Colonel in the Army. He made an application under S.29B of the Act on 1-5-83 stating that he was due to retire within one year and that he required the premises in dispute for his own occupation as well as the occupation of his family. The requisite certificate to that effect granted by the relevant Army authorities was filed along with the application The tenant opposite party desired to contest the application. The Rent Controller after hearing the parties granted him leave to do so. The tenant in his written statement submitted, inter alia, that the premises were not fit for residential purposes. The Rent Controller, by the impugned judgment, dismissed the application filed by the petitioner. He held that the premises in dispute were let out for commercial purposes. They were used for running a factory. They were unfit for being used for residential purposes. The landlord petitioner has challenged this finding in this revision.
(2.) Learned counsel for the petitioner submitted that the Rent Controller fell into an error in construing the provisions of S.29B to require that the premises in dispute should be it for use as residential accommodation.
(3.) Learned counsel for the respondent tenant supported the finding of the Rent Controller. In order to appreciate the rival contentions it is necessary to read the relevant parts of S.29B. "Section 29B. Special procedure for disposal of applications for eviction on the ground of bona fide requirement.- No Civil Court shall entertain any application by a landlord being a Government employee, and who, being in occupation of any residential premises allotted to him by his employer, is required by, or in pursuance of, an order made by such 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, dependant child at or near the place where he is posted for the time being : or by a landlord who has retired; or will retire within a period of less than one year as a member of the naval, military or air force of the Union of India; or by a landlord who is the parent or the wife of such member of the naval; military or air force of the Union of India : or by a landlord who is the parent or the wife of such member of the naval; military or air force of the Union of India : or by a landlord who is a relation (other than a minor child or the widow) and a dependant of a member of the naval, military or air force of the Union of India and ordinarily resides with him, or a minor child or the widow of such member who dies while in service or within five years of retirement, for the recovery of possession of any premises on the ground specified in clause (ff) of sub-section (1) of section 13 but such application shall be dealt with by the Controller in accordance with the procedure specified in this section. (2) Whenever any application is filed before the Controller by a landlord referred to in sub-section (1) for the recovery of possession of any premises on the ground specified in clause (ff) of sub-section (1) of section 13, the Controller shall issue summons, in the form specified in the Second Schedule. Provided that - (a) where the landlord has retired, or will retire within a period of less than one year, as a member of the naval, military or air force of the Union of India, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated or by the Head of his Service or his Commanding Officer that he has retired, or will retire, as such member and that he requires the premises for his own occupation and for the occupation of his family after retirement, or (b) where the landlord is the parent or the wife of such member of the naval, military or air force of the Union of India as aforesaid, certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated that he or she is the parent or the wife, as the case may be, of such member of the naval, military or air force of the Union of India and that he or she requires the premises for his or her own occupation and for the occupation of his or her family after the retirement of such member, or (c) where the landlord is a relation (other than a minor child or the widow) and a dependant of a member of the naval, military or air force of the Union of India and ordinarily resides with him or a minor child or the widow of such member who dies while in service or within five years of retirement, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated that he or she is the relation and dependant as aforesaid or the minor child or the widow, as the case may be, of the deceased member of the naval, military or air force of the Union of India and that he or she requires me premises for his or her own occupation and for the occupation of his or her family, shall be produced before the Controller while filing the application, and such certificate shall be conclusive evidence of the fact stated therein. Explanation.- "Family" shall have the same meaning as the Explanation to clause (1) of sub-section (1) of section 13. (7) The provisions of sub-sections (2), (3), (4) and (6) of section 13 shall, so far as may be, apply to a proceeding under this Chapter but nothing contained in sub-section (3A) of section 13 shall apply to such a proceeding.";