TMI Blog1984 (1) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... e the suit was still pending, the Bombay Rents, Hotel and Lodging House Rates Central Act, 1947 was amended in 1975 by the introduction of sec. 13 A-1. This was a special provision aimed at enabling a member of the Armed Forces of the Union or a retired members of the said Armed Forces to recover possession of premises bona fide required by him for his occupation or the occupation of members of his family on the production of a certificate from the Head of the Service or the Commanding Officer. The certificate was to specify that the individual concerned was presently a member of the armed forces of the Union or that he was such a member and was now a retired ex-serviceman and that he did not possess any other suitable residence in the local area wherever he or any member of his family could reside. It was further provided that the certificate was to be conclusive evidence of the facts stated therein An important distinction between the general provision contained in Section 13 (1) (g) and the special provision Section 13 A-1 is that under the special provision a tenant is disabled from taking advantage of Section 13 (2) which provides that no decree for eviction shall be passed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y retired as stated above and dies within five years of his retirement, his widow, who is or becomes a landlord of any premises, shall be entitled to recover possession of such premises, on the ground that the premises are bona fide required by her for occupation by herself of any member of her family (which term shall include her or her husband's parent or other relation ordinarily residing with her): and the Court shall pass a decree for eviction on such ground, if such widow, at the suit, produces a certificate signed by the Area or Sub- area Commander within whose jurisdiction the premises are situated to the effect that- (i) she is a widow of a deceased member of the armed forces as aforesaid; (ii) she does not possess any other suitable residence in the local area where she or the members of her family can reside. Explanation 1-For the purpose of clause (a) of this section, the expression the Head of this Service , in the case of officers retired from the Indian Army includes the Area Commander, in the case of officers retired from the Indian Navy includes the Flag officer Commanding-in-Chief, Western Naval Command, and in the case of officers retired from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... occupation by himself or by any person for whose benefit the premises are held. So solicitous indeed is the legislature about protecting the tenant that Section 13 (2) contains a further stipulation that. No decree for eviction shall be passed on the ground specified in clause (g) of sub-section (I) if the Court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available for the landlord or the tenant greater hardship would be caused by passing the decree than by refusing to pass it , and Where the Court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the Court shall pass the decree in respect of such part only . Notwithstanding the expressed legislative bias in favour of the tenant, the legislature itself made a serious departure from the general rule so as to lean in favour of landlords who are or were members of the armed services, and who because of the exigencies of their service were not able to occupy their own premises during the course of their service. Section 13 A-1 was enacted, re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may avail of it after their retirement. Such a construction would save it from the criticism that it is discriminatory and also would advance the object of enacting it, namely, that members of the armed forces should not while they are in service feel worried about the difficulties of a long drawn out litigation when they wish to get back the premises which they have leased out during their service . But we find it impossible on the plain language of Section 13 A-1 to further read down the provision as enabling a member or a retired member of the armed forces to recover possession of the premises only if he had himself originally let out the premises when he was a member of the armed forces and not if the tenancy had commenced before he became the landlord of the premises either by inheritance, partition, or any other made of transfer of property. To place such an interpretation would be to virtually rewrite the provision. The language of Section 13 A-1 which is sufficiently plain does not warrant or invite such an interpretation. Nor is there anything elsewhere in the Act which compels such a construction. The statement of object and reasons was read to us. It says, Defe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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