TMI Blog2002 (4) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. - Appeal (civil) 913 of 2001 - - - Dated:- 3-4-2002 - R.C. Lahoti P. Venkatarama Reddi, JJ. JUDGMENT: R.C. Lahoti, J. Colonel P.G. Sarcar, the father of the two appellants before us, was serving as Superintending Engineer(Civil), Selection Grade, equivalent to Colonel in the General Reserve Engineering Force, which is said to be an integral part of the Armed Forces. He retired from his post on 31st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst a tenant except on one or more of the following grounds, namely:- xxx xxx xxx xxx (ff) subject to the provisions of sub-section (3-A), where the premises are reasonably required by the landlord for his own occupation if he is the owner or for the occupation of any person for whose benefit the premises are held and the landlord or such persons is not in possession of any reasonably suitable accommodation." "S.29B. Special Procedure for disposal of applications for eviction on the ground of bona fide requirement. - 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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.". The portion, which is placed between brackets [ ] in the text of the provision reproduced hereinabove, has been substituted by West Bengal Premises Tenancy (Amendment) Act, 1979 (Act XLI of 1979) with effect from 17th March, 1980 in place of the words which earlier read as : "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," The provisos (a), (b) and (c) to Sub-Section (2), in the present form, were also added by the 1979 Amendment. The Statement of Objects and Reasons for the above amendment is set out in the Bill as under : "Section 29B of the West ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l categories of landlords, which, though confusing to comprehend at the first blush, can nevertheless be separated and defined by a careful reading of the provision so as to find out the intention of the Legislature. We will concentrate on the 1979 Amendment because the category, to which the appellants belong, was included in Section 29B by this amendment. A comparative reading of the text of the provision, pre and post amendment, reveals a few prominent features. The expression a retired member was not a very appropriate expression and therefore, the Legislature availed the opportunity for substituting a better and more perfect expression in substitution thereof though retaining in the newly introduced text, the class of landlord referred to in the omitted text, and making the text, along with newly included classes of landlord, more clear and meaningful. The category of landlord being a government employee was retained as before and left untouched. However, the landlord, who is either himself a member of the naval, military or air force or who is connected with such member by relationship coupled with dependence and joint residence, upon whom the Legislature intended to conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a member, and minor child or widow of such member __ all the three categories of landlord are such whose requirement for self occupation of tenanted premises would arise on account of death of a member while in service or even after retirement; else such relation, a minor child or the wife would continue to reside with such member. However, death of such member, as an event though unfortunate but conferring eligibility for invoking Section 29B on a relation (dependent and jointly residing), or a minor child or the widow, should have taken place while such member is in service or within five years of retirement. Recently in Central Bank of India Vs. Ravindra Ors., (2002) 1 SCC 367, a Constitution Bench of this Court has observed that the use of the word such as an adjective prefixed to a noun is indicative of the draftsman s intention that he is assigning the same meaning or characteristics to the noun as has been previously indicated or that he is referring to something which has been said before. New Webster s Dictionary and Thesaurus was cited with approval wherein the meaning of such is given as "of a kind previously or about to be mentioned or implied; of the same qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Resort can be had to legislative intent for the purpose of interpreting a provision of law, when the language employed by the Legislature is doubtful or susceptible of meanings more than one. However, when the language is plain and explicit and does not admit of any doubtful interpretation, in that case, we cannot, by reference to an assumed legislative intent, expand the meaning of an expression employed by the Legislature and therein include such category of persons as the legislature has not chosen to do. We cannot also 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 consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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