Members of the armed forces and some other categories of landlords follow special provisions for the recovery of possession. This procedure is often known as a summary procedure. The procedure for the recovery of possession by members of the armed forces is different from the procedure for the recovery of possession from other landlords. Chapter V deals with the special provisions regarding the recovery of possession in certain cases.
Important Provisions
S.23. Members of armed forces of the Union, scientists, or their successors-in-interest are entitled to recover possession of premises required for their occupation.
S.40. Appointment of Competent Authority.
S.41. Definition of landlord for Chapter VIII.
S.42. Special provision for making an application to the Competent Authority by a landlord to evict a tenant or licensee.
S.43. Special procedure for disposal of applications.
S.44. Order of Competent Authority to be non-appealable and revision by the State Government.
Summary Procedure
Members of the armed forces can recover possession by summary procedure. A summary suit is a type of legal proceeding that is designed to ensure the speedy disposal of certain matters, where the defendant has no real defence. Summary suit procedure focuses on the quick resolution of disputes.
Categories Of Landlord
Only a certain category of landlords can seek summary disposal. It is not available for every landlord. Only certain categories of landlords can recover possession of premises required for their occupation.
The following landlords can come under S.23 for recovery of possession:
- Person who has created a service tenancy
- Member of the armed forces of the Union
- Scientist
- Government servant
- Successor-in-interest of the above
Only this category of landlords can seek summary disposal.
Grounds For Recovery Of Possession Under S.23
- Bonafide requirement
- The landlord does not possess any other suitable residence in the local area
- A certificate signed by the authorised officer confirming the above facts
Authorised officer for granting certificate
- Government servant: Head Department, or the Head of the office, or the Chief Executive of the Public Sector
- Scientist: Officer of the Department of Atomic Energy, or above the rank of Deputy Secretary to the Government
- For the Members of the Armed Forces:
- Army – Area Commander
- Navy – Flag Officer Commanding-in-Chief, Naval Command
- Air Force – Station Commander
Successor-in-interest under S.23
Successors in interest of the landlord mentioned under S. 23 are also eligible to recover possession. This successor in interest may be:
- Spouse
- Father
- Mother
- Son
- Daughter
- Grandson
- Granddaughter
- Son’s wife
- Grandson’s wife
- Widow of predeceased son or grandson
S.40 Appointment of Competent Authority
S.40 directs the state government to appoint the competent authority, which is empowered
with certain powers and functions. The State Government may, by notification in the Official
Gazette, appoint one or more persons to be called the Competent Authority. One or more
such Competent Authorities may be appointed for one or more such local areas.
A person to be appointed as a Competent Authority shall be:
- who in holding or has held an office, which is not lower in rank than that of a Deputy Collector; or
- who is holding or has held a post of a Civil Judge, Junior Division; or
- An Advocate with at least five years of experience
S.42 Application to the Competent Authority by a landlord to evict a tenant or licensee.
A landlord defined under section 41 can file an application as if it were a plaint, for eviction of the rented or licensed premises. Subject to the provisions of section 22 or 23 or 24, as the case may be, a landlord may submit an application to the Competent Authority, signed and verified in a manner provided in the Order VI rules 14 and 15 of the Civil Procedure, 1908. Provided, Authority must have jurisdiction over the area in which the premises are situated.
S.43 Special procedure for disposal of applications
S. 43 lays down the special procedure for the disposal of applications. This procedure ensures that a matter is quickly disposed of through day-to-day hearings without delay. The procedure ordinarily includes the following steps-
- Submission of the application to the competent authority in a prescribed manner and with the required fees.
- The Competent Authority shall issue a summons in relation to every application
- The competent authority may direct the summons to be served by registered post, at the place where the tenant, licensee, or such agent actually and voluntarily resides or carries on business
- The Competent Authority may proceed to hear and decide the application as if there has been a valid service of summons.
- Within thirty days of service of summons, the tenant must file an affidavit stating the grounds on which he wants to contest the application for eviction and obtain leave from the Competent Authority
- The Competent Authority shall grant leave, and the matter will be disposed of speedily through summary procedure
If the tenant fails to file an application seeking leave, the landlord’s version of the case will
be considered right, and the court can pass an eviction order.
Conclusion
The Maharashtra Rent Control Act, 1999, is a welfare legislation. Through S. 23, it protects the rights and interests of certain categories of landlords, including members of the armed forces. This ensures speedy disposal of cases and forms a part of an effective enforcement mechanism of the act. Whereas, limited grounds for eviction and the requirement of a certificate from the authorizing officer also protect the tenant from arbitrary eviction.
