OMBALIKA DAS AND ANR. versus HULISA SHAW

Citation: [2002] 2 S.C.R. 902 · Decided: 03-04-2002 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
OMBALIKA DAS AND ANR. 
v. 
HULISA SHAW 
APRIL 3, 2002 
B 
[R.C. LAHOTI AND P. VENKATARAMA REDDI, JJ.] 
Rent and Eviction : 
West Bengal Premises Tenancy Act, 1956 as amended by amending Act, 
C 1979 : Sections 13(1) (ff) and 29 B. 
D 
Eviction-Recourse to Special Procedure (Summary-Procedure)-
Eligibility for-Held, Cannot be taken advantage, by the landlord on the 
ground of relationship with a member of military, naval or air-force after his 
retirement. 
Interpretation of Statutes : 
Summary provisions-Interpretation of-When the languag~ of a statute 
is plain and explicit, then the expression employed by the Legislature cannot 
E be expanded. 
Words and Phrases: 
'Such Member' in the context of Section 29(B) of the West Bengal Pemises 
Tenancy Act, 1956. 
F 
Two major daughters of a retired engineer in the General Reserve 
Engineering Force, initiated eviction proceeding under Section 13(l)(fl) of the 
West Bengal Premises Tenancy Act against their tenants claiming themselves 
to be residing with their father and dependent on him and, therefore, seeking 
benefit under Section 29(B) by having recourse to summary procedure. Leave 
to defend petition of the tenant was denied as filed beyond the prescribed time 
G limit. Aggrieved, tenant preferred a petition under Article 227 of the 
Constitution which was dismissed by the High Court. In the meanwhile Rent 
Controller passed eviction order against the tenant. Tenant preferred Revision 
petition which was allowed by the High Court and in supersession of the order 
of the Rent Controller eviction petitions were dismissed. Hence this appeal. 
H 
902 
-
--
OMBALIKA DAS v. HUL!SA SHAW 
903 
The main issue arising for decision before this Court is whether major A 
relations of the retired military personnel are entitled to claim benefit of 
Special procedure as prescribed under Section 29(B) for recovery of possession 
- under the Act. 
Dismissing the appeal, the Court 
B 
HELD: 1.1. The special procedure of Section 29 B of the West Bengal 
Premises Tenancy Act cannot be taken advantage of by a landlord who is a 
relation of a member of such service, after his retirement because the words 
"while in service or within five years of retirement" qualify the preceding 
words "of such member who dies", and are, therefore, referable to the event C 
of death of such member. If only the Legislature would have intended that 
the benefit of Section 29 B should be available to a lanc:Iord who is a relation 
of a member of such senrice even after his retirement and living, in that case, 
in the part of the provision which is under consideration the Legislature would 
have used some such words as "a member or retired member" or simply "such 
member" instead of '~a member", but the Legislature has not chosen to do D 
so. [911-G, H; 912-A, BJ 
1.2. Sub-section (1) of Section 29 B of the amended Act contemplates 
four categories of landlords, the fourth one again sub-divided into two sub-
categories, who can take advantage of the special procedure for disposal of 
application for eviction on the ground of bona fide requirement. The E 
Legislature prefixes adjective 'such' to noun 'member'; in Section 29 B (1) of 
the amended Act; to indicate/specify that 'member' has to be read in the same 
sense as is attributable to it in the preceding part of the sentence dealing with 
the relation of landlord with the member of the naval, military or air-force. 
However, while dealing with other categories of landlords as defined under F 
this Section the Legislature has consciously not used the words "such 
members" in the context of relation. [908-D, E; 910-B. 909-GJ 
Central Bank of India v. Ravindra and Ors., [2002) 1SCC367, relied on. 
New Webster's Dictionary and Thesaurus, referred to. 
1.3. 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 
G 
is alive and in service. A relation (dependent and jointly residing), a minor 
child and the widow - are such three classes as the Legislature intended to H 
904 
SUPREME COURT REPORTS 
[2002] 2 S.C.R. 
A treat at par. This inference and such classification into the several categories, 
finds support from provisos (a), (b) and (c) of Section 29 B. According to 
~ 
proviso (c), the certificate by the Area or Sub-Area Commander of the 
~ 
jurisdiction is to be issued by reference to 

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