- (1.) For effective adjudication as agreed by the learned lawyers appearing for the respective parties both the matters were taken up for consideration. Similar points cover both the cases. Both the writ applications raise a constitutional question as to the vires of S.29B(2)(c) of West Bengal Premises Tenancy Act.
(2.) It is asserted that the appropriate authority issuing the certificate as contemplated under S.29B of sub-sec.(2)(c) of West Bengal Premises Tenancy Act has had no basis to arrive at the finding of facts as to the requirement of the landlord concerned and there is non-application of mind both at the time of issuing the certificate and at the time of passing the order by the Rent Controller. Section 29B, sub-sec.(2)(c) of the West Bengal Premises Tenancy Act provide for enquiry or inspection. There is also no provision for verification of the case of the landlord. The said section provides merely a show of an adjudication. Even though the authority is not required to have it verified from the tenant and yet a certificate is being made conclusive. The tenant is being deprived of his property namely his tenancy right without any opportunity to question the case of the landlord. It is further submitted that in such view of the matter the said Section is arbitrary, unreasonable, unfair and ultra vires to the Constitution of India. It is asserted that the provisions of S.29B of the said Act purport to curtail the legal rights of tenant and to deprive them of their rights for remedy under the law of the land in violation of the provisions of Arts.14 and 20 of the Constitution.
(3.) The facts of the cases as to the claim for evictions are different but the question as to the vines of the Section is same. This question is only taken up for consideration for the purpose of disposal of the present writ petition.;