MALINA DUTTA Vs. NEW HOWRAH TRANSPORT CO

JUDGEMENT

(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:-

(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.