OMBALIKA DAS AND ANR. versus HULISA SHAW

OMBALIKA DAS AND ANR. versus HULISA SHAW

The special procedure under Section 29B of the West Bengal Premises Tenancy Act cannot be invoked by a landlord who is a relation of military, naval or air-force personnel after his retirement, as the legislative language restricts eligibility to certain specified circumstances including death while in service or...

Source-derived case information.

Parties
Appellant: Ombalika Das; Respondent: Hulisa Shaw
Jurisdiction
India
Judgment Date
03 April 2002
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
West Bengal Premises Tenancy Act, Eviction, Summary Procedure, Scope of Legislative Benefit
Rent and Eviction Interpretation of Statutes West Bengal Premises Tenancy Act Eviction Summary Procedure Scope of Legislative Benefit

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Parties

Ombalika Das

Appellant

Hulisa Shaw

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether major relations of retired military personnel are eligible for summary procedure under Section 29B for eviction under West Bengal Premises Tenancy Act

Ratio Decidendi

The special procedure under Section 29B of the West Bengal Premises Tenancy Act cannot be invoked by a landlord who is a relation of military, naval or air-force personnel after his retirement, as the legislative language restricts eligibility to certain specified circumstances including death while in service or within five years of retirement, not mere retirement.

Court Disposition

Appeal dismissed

Orders

  • Petition under Section 13(1)(ff) read with Section 29B was not maintainable; appeal dismissed; no order as to costs