TaxTMI 
TaxTMI 
2002 (4) TMI 896
X X X X Extracts X X X X
X X X X Extracts X X X X
....y 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 recourse to special procedure for disposal of application for eviction on the ground of bona fide requirement prescri....
X X X X Extracts X X X X
X X X X Extracts X X X X
....w of such member who dies while in service or within five years of retirement] for the recovery of possession of any premises on the ground specified in clause (ff) of sub-section (1) of section 13 but such application shall be dealt with by the Controller in accordance with the procedure specified in this section. (2) Whenever any application is filed before the Controller by a landlord referred to in sub-section(1) for the recovery of possession of any premises on the ground specified in clause (ff) of sub-section (1) of section 13, the Controller shall issue summons, in the form specified in the Second Schedule. "Provided that__ (a) where the landlord has retired, or will retire within a period of less than one year, as a member of the naval, military or air force of the Union of India, a certificate by the Area or Sub- Area Commander within whose jurisdiction the premises are situated or by the Head of his Service or by his Commanding Officer that he has retired, or will retire, as such member and that he requires the premises for his own occupation and for the occupation of his family after retirement, or (b) where the landlord is the parent....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n therein. It is considered necessary that the same relief should also be extended to the parent or the wife of such member of the naval, military or air force of the Union of India or the relation and dependant (other than a minor child or the widow) or the minor child or the widow of a member of the naval, military or air force of the Union of India who dies while in service or within five years of retirement." (See the Calcutta Gazette Extraordinary dated August 29, 1979 page 1630) Sub-Section (1) of Section 29B, as it now stands, contemplates the following four categories of landlords, the fourth one again sub-divided into two sub-categories, who can take advantages of the special procedure for disposal of application for eviction on the ground of bona fide requirement. These are:- (i) a landlord being a Government employee, and who being in occupation of any residential premises allotted to him by his employer, is required by, or in pursuance of, an order made by such employer, to vacate such residential accommodation, or in default to incur certain obligations on the ground that he owns a residential accommodation either in his own name or in the name of his wi....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... be commenced within a period of less than one year of retirement or post retirement. In category (iii), by using the word 'such' as qualifying the word 'member' in the context of his parent or the wife, the intention of the Legislature is to confer the benefit of Section 29B on a landlord who is a parent or the wife of a member of the naval, military or air force of the Union of India, who has retired or will retire within a period of less than one year. Thus, a member landlord and a parent or the wife of such member, who is himself or herself a landlord, are placed on the same footing. While dealing with landlord falling in category (iv), the Legislature has consciously not used the words 'such member' in the context of a relation. If the words would have been a relation of 'such member' then the word 'member' would have taken the same colour as has been given to the word 'member' in category (ii). By using the word 'a member' in this part of the running sentence, the intention of the Legislature is that here the word 'member' should take a colour different from the one assigned to 'a member' and 'such member' in category (ii) and (iii) respectively. While dealing with category (....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... We do not agree with the construction placed by the High Court on the relevant part of Section 29B which is under consideration. A relation, who is a dependent and also jointly residing with member of naval, military or air force of the Union of India would hardly have an occasion or need to initiate proceedings for eviction so long as such member is alive and in service. We are clearly of the opinion that a relation (dependent and jointly residing), a minor child and the widow - are such three classes as the Legislature intended to treat on a par. Our this inference and such classification into the several categories, as we have made hereinabove, finds support from proviso (a), (b) and (c). Category (ii) is dealt with by proviso (a). Category (iii) is dealt with by proviso (b). Category (iv) is dealt with by proviso (c). According to proviso (c), the certificate by the Area or Sub-Area Commander of the jurisdiction is to be issued by reference to the two sub-categories, viz.: (i) the relation and dependent as aforesaid, or (ii) the minor child or the widow, as the case may be- all referable to the deceased member and the requirement of premises being for his or her own occupation....