Civil Law

Provisions For Recovery Of Possession By Members Of Armed Forces 2026

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: Only this category of landlords can seek summary disposal. Grounds For Recovery Of Possession Under S.23 Authorised officer for granting certificate 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: S.40 Appointment of Competent Authority S.40 directs the state government to appoint the competent authority, which is empoweredwith certain powers and functions. The State Government may, by notification in the OfficialGazette, appoint one or more persons to be called the Competent Authority. One or moresuch Competent Authorities may be appointed for one or more such local areas. A person to be appointed as a Competent Authority shall be: 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- If the tenant fails to file an application seeking leave, the landlord’s version of the case willbe 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.