J D HINGORANI Vs. ASHOK KHARBANDA

JUDGEMENT

(1.) Where a retired employee of the central government or of the Delhi Administration lets out the property after his retirement, he cannot invoke the benefit of Section 14-C. This is the finding of the courts below. We find that is correct. Besides, there is also great reason and justice to hold so. It may, at once, be seen S. 14-B, 14-C and 14-D came to be inserted by Amending Act 57 of 1988 in order that certain persons may not undergo tortuous course of litigation but may be given immediate possession. Section 14-B talks of members of Armed Forces, 14-C retired government servants and 14-D of widows. The fact that these S. emphasise immediate possession is a clear indication that they may resort to these special proceedings under these three sections. Obviously, this postulates that where the retired government servant, for example, till his retirement had the benefit of the government quarters and on his retirement he would cease to have such benefit, necessarily, he must be provided with premises. If he were to go under any one of the grounds mentioned in Section 14 (1. it wilt be a long drawn battle. Therefore, these provisions are envisaged.

(2.) In the case on hand, admittedly, the appellant-landlord let out after his retirement. Therefore, the immediacy goes. He cannot get the tenant evicted by invoking Section 14-C. But that does not mean he is without remedy. Still he can seek eviction under Section 14 (1. The important factor which requires to be noted is that such a petition by the retired government servant will have to be filed within one year from the date of retirement or within one year from the date of the commencement of the Amending Act 57 of 1988, whichever is later, Here again, the emphasis is on immediacy. It is admitted before us that, in fact, such a proceeding has been launched by the appellant-landlord against the respondent, though, of course, that does not weigh with us in construing the section, namely Section 14-C. We hold as we have done. The appeal is accordingly dismissed. No costs.