OMBALIK DAS Vs. HULISA SHAW

JUDGEMENT

(1.) Colonel P. G. Sarcar, the father of the two appellants before us, was serving as Superintending Engineer (Civil), Selection Grade, equivalent to Colonel in the General Reserve Engineeering Force, which is said to be an integral part of the Armed Forces. He retired from his post on 31st March, 1995. On 14th September, 1995, his two major daughters, who are the appellants, claiming themselves to be residing with their father and as dependent on him, initiated proceedings for eviction of the tenant, the respondent before us, under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as'the Act', for short) by having recourse to summary procedure under Chapter VIA of the Act. The tenant sought for leave to defend which was denied on the ground that the application seeking leave to defend was filed beyond the time prescribed therefor. The tenant, laying challenge to the order of the Rent Controller, preferred a petition under Article 227 of the Constitution before the High Court, but the same was dismissed. The Rent Controller then, treating the statement by the landlords made in the application for eviction deemed to have been admitted by the tenant, passed an order for recovery of possession of the premises. The tenant preferred a Civil Revision before the High Court, which has been allowed and in supersession of the order of the trial Court, the eviction petition filed by the landlords has been directed to be dismissed. In the opinion of the High Court, the father of the two appellants, in view of his having retired, was not a member of Military Services on the date of institution of proceedings for eviction and therefore, his major daughters were not entitled to have resource to special procedure for disposal of application for eviction on the ground of bona fide requirement prescribed by Section 29-B (Chapter VIA of the Act); they could have had recourse to the forum of Civil Court. Feeling aggrieved by the order of the High Court, the landlords have filed this appeal by special leave.

(2.) The short question arising for decision is, whether major relations of the military personnel, who has stood retired from the service and thereby has ceased to be a member of service, are entitled to the benefit of special procedure prescribed by Section29-B, for the recovery of possession under Section 13(1)(ff) of the Act.

(3.) Section 13(1)(ff) and Section 29-B read as under :