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2002 (4) TMI 896 - SC - Indian LawsWhether major relations of the military personnel, who has stood retired from the service and thereby has ceased to be a member of service, are entitled to the benefit of special procedure prescribed by Section 29B, for the recovery of possession under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956? Held that:- We cannot hold that the special procedure of Section 29B can be taken advantage of by a landlord who is a relation of a member of such service, after his retirement, within five years of the date of retirement because in our opinion, 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 of death of such member. If only the Legislature would have intended that the benefit of Section 29B should be available to a landlord who is a relation of a member of such service 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", in which case there could have been some merit in the submission made by the learned counsel for the appellants. But, the Legislature has not chosen to do so. As we agree with the High Court that the petition under Section 13(1)(ff) read with Section 29B was not maintainable, though for reason different from the one assigned by the High Court, it is not necessary to examine the alternative submission made by the learned counsel for the respondent that Colonel P.G. Sarcar, the father of the appellants was a member of Border Roads Organisation set up by and under the control of Ministry of Transport of the Government of India and hence, was not a member of military services.
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