Narrow construction of special eviction procedure under tenancy law denied major daughters access to the statutory benefit.

Section 29B of the West Bengal Premises Tenancy Act was construed narrowly: the benefit of the special eviction procedure was confined to the member expressly described in the provision, and the phrase "who dies while in service or within five years of retirement" was held to qualify that member's death. The Court also treated the statutory classification created by the 1979 amendment as permissible and not violative of Article 14. On that construction, major daughters could not invoke Section 29B after the retired serviceman's death, and the eviction petition under Section 13(1)(ff) was not maintainable.

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Issues: Whether the major daughters of a retired member of the military services could invoke the special procedure under Section 29B of the West Bengal Premises Tenancy Act, 1956 for eviction under Section 13(1)(ff) after the father had retired from service.

Analysis: Section 29B was construed on its language and structure, including the categories created by the 1979 amendment and the corresponding provisos. The expression "such member" was read as referring back to the member already described in the provision, and the words "who dies while in service or within five years of retirement" were held to qualify death of that member. The Court held that the Legislature deliberately confined the benefit to the categories expressly mentioned and could not be extended by reference to assumed purpose where the wording was clear. The classification was also viewed as a permissible legislative classification, not offending Article 14.

Conclusion: The appellants were not entitled to the special procedure under Section 29B on the facts of the case, and the eviction petition under Section 13(1)(ff) was not maintainable.

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