B.P.Banerjee, J. - (1.) This is an appeal against the judgment and order, dated December 12, 1988 passed in C.O. 12421 (W) of 1987 declaring the provisions of section 29B of the West Bengal Premises Tenancy Act (Act XII of 1956) as ultra vires the provisions of Article 14 of the Constitution of India.
(2.) The material portion of the provisions of section 29B read as follows: "29B- Special procedure for disposal of applications for eviction an the ground of bona fide requirement:- (1) 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 same or in the name of his wife or dependent 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 or 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 dependent 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 the Service or by 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, a 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 dependent 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 depended 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 the premises for his or her own occupation and for the occupation of his or her own family, shall be produced before the Controller while filing the application, and such certificate shall be conclusive evidence of the fact stated therein..."
(3.) The reason given by the learned trial Judge was that the certificate so produced before the Controller would be treated as an evidence and its probative value would be considered by the Controller according to law in the proper perspective and that there is no provision for an enquiry by the Certifying Authority nor the parties likely to be affected by the certificate are given any opportunity of hearing and/or placing the materials for proper consideration as to reasonable requirement as required under Section 13(1)(ff) of the Sold Act. Further it was observed that the certificate issued under the relevant provisions of section 29B of the Act is conclusive evidence of the facts stated therein and, as such, the certificate is immune from judicial checking. The Controller cannot question the facts stated in the certificate. The learned Judge further held that the result would be disastrous in-as-much as the tenant would might get leave to contest under Section 29B of the Act would be helpless to contest the case nor to challenge the case of reasonable requirement as made out by the landlord fortified by the certificate.;