Section 29B in The West Bengal Premises Tenancy Act, 1956.
29B. Special procedure for disposal of applications for eviction on the ground of bona fide requirement.
(1)No Civil Court shall entertain any application by 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 wife or dependent child at or near the place where he is posted for the time being, [or by a landlord who 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, or by a landlord who is the parent or the wife of such member of the naval, military or air force of the Union of India, or by a landlord who is a relation (other than a minor child or the widow) and a dependent of a member of the naval, military or air force of the Union of India and ordinarily resides with him or a minor child or the widow of such member who dies while in service or within five years of retirement,] [Words 'or by a landlord who is a retired member of the naval, military or air force of the Union of India or will retire within a period of less than one year as such member,' first inserted by W.B. Act 36 of 1978, then the words and brackets within third brackets substituted for the words 'or by a landlord who is a retired member of the naval, military or air force of the Union of India or will retire within a period of less than one year as such member,' by W.B. Act 41 of 1979.] 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 or the wife of such member of the naval, military or air force of the Union of India as aforesaid, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated that he or she is the parent or the wife, as the case may be, of such member of the naval, military or air force of the Union of India and that he or she requires the premises for his or her own occupation and for the occupation of his or her family after the retirement of such member, or(c)where the landlord is a relation (other than a minor child or the widow) and a dependant of a member of the naval, military or air force of the Union of India and ordinarily resides with him or a minor child or the widow of such member who dies while in service or within five years of retirement, a certificate by the Area or Sub-Area Commander within whose jurisdiction the premises are situated that he or she is the relation and dependant as aforesaid or the minor child or the widow, as the case may be, of the deceased member of the naval, military or air force of the Union of India and that he or she requires the premises for his or her own occupation and for the occupation of his or her family,shall be produced before the Controller while filing the application, and such certificate shall be conclusive evidence of the fact stated therein.] [[Proviso with 'Explanation' first inserted by W.B. Act 36 of 1978, then the proviso substituted by W.B. Act 41 of 1979. Previous proviso was as under :-'Provided that where the landlord is a retired member of the naval, military or air force of the Union of India or will retire within a period of less than one year as such member, he shall, while filing the application, produce before the Controller a certificate by the Area of 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 within a period of less than one year, as such member and that he requires the premises for his own occupation and for the occupation of his family after retirement.'.]][Explanation I. - "Family" shall have the same meaning as in the Explanation to clause (I) of sub-section (1) of section 13.] ['Explanation', as inserted by W.B. Act 36 of 1978, renumbered as 'Explanation I' and 'Explanation II' inserted by W.B. Act 14 of 1988.][Explanation II. - For the purpose of this sub-section, Area or Sub-Area Commander shall include, -(a)in the case of persons retired from the Indian Navy, a Flag Officer Commanding-in-Chief of the Naval Command, and(b)in the case of persons retired from the Indian Air Force, the Air Force Station Commander,](3)(a)In addition to, and simultaneously with, the issue of summons for service on the tenant, and the sub-tenants, if any, the Controller shall also direct the summons to be served by registered post with acknowledgement due, addressed to the tenant and sub-tenant or their agents empowered to accept, the service at the place where the tenant and sub-tenant or their agents actually and voluntarily reside or carry on business or personally work for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant and the sub-tenant are last known to have resided or carried on business or personally worked for gain.(b)When acknowledgements purporting to be signed by the tenant, subtenant or their agents are received by the Controller or the registered article containing the summonses is received back with endorsements purporting to have been made by a postal employee to the effect that the tenant, sub-tenant or their agents had refused to take delivery of the registered article, the Controller may declare that there has been valid service of the summonses.(4)The tenant and the sub-tenant on whom the summonses are duly served (whether in the ordinary way or by registered post) in the form specified in the Second Schedule shall not contest the prayer for eviction from the premises unless they file affidavits [within fifteen days of the service of summons] [Words inserted by W.B. Act 14 of 1988.] stating the grounds on which they seek to contest the application for eviction and obtain leave from the Controller as hereinafter provided; and in default of their appearance in pursuance of the summonses or their obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the sub-tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.(5)The Controller shall [within fifteen days from the date of filing of the affidavit under sub-section (4) by the tenant or sub-tenant, as the case may be,] [Words, figure and brackets inserted by W.B. Act 14 of 1988.] give to the tenant or sub-tenant leave to contest the application if the affidavit filed by the tenant or sub-tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in clause (ff) of sub-section (1) of section 13.(6)[ Where leave is granted to the tenant or sub-tenant to contest the application, the Controller shall commence the hearing of the application on a date not later than one month from the date of grant of the leave as aforesaid, and shall conclude the hearing and give his decision within fifteen days from the date of commencement of the hearing as far as practicable.] [[Sub-Section (6) substituted by W.B. Act 14 of 1988, which was earlier as under :-'(6) Where leave is granted to the tenant or sub-tenant to contest the application, the Controller shall commence the hearing of the application as early as practicable.'.]](6A)[ Where the Controller decides at the conclusion of the hearing that the tenant or sub-tenant of any premises shall put the landlord referred to in sub-section (1) or any relation of the said landlord in possession of the said premises, he shall direct the tenant or sub-tenant, as the case may be, to put the said landlord or the said relation of the said landlord, as the case may be, in possession of the said premises within such period, not exceeding six months from the date of the decision, as he thinks reasonable.] [Sub-Section (6A) inserted by W.B. Act 14 of 1988.](7)The provisions of sub-sections (2), (3), (4) and (6) of section 13 shall, so far as may be, apply to a proceeding under this Chapter but nothing contained in sub-section (3A) of section 13 shall apply to such a proceeding.(8)The Controller shall, while holding an inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence.(9)No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section:Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according lo law, call for the case and pass such order in respect thereto as it thinks fit.(10)Where no application has been made to the High Court on revision, the Controller may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908.(11)An order passed by the Controller shall be executed in such manner as may be prescribed.Explanation. - For the purposes of this Chapter the expression 'landlord being a Government employee' includes an employee of the Central or State Government or any local authority.
