IMPORTANT POINT
To seek eviction under Section 13-A1 of the Bombay Rent Control Act, the petitioner has, in addition to the facts stated in the certificate, to prove that he is a landlord and owner of the flat in question as contemplated under Section 13-A.

ORDER

These appeals, by Special Leave, are directed against the common order of the Bombay High Court in Civil Revision Application Nos. 1043/94 and 515/96, dated 31st July, 1998.

2. The Appellant was a member of the Armed Forces of the Union of India. He filed an application under Section 13-A1 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, the Act ) seeking eviction of the Respondent-tenant from flat No. 3, Sham-rock , TPC IV, Santacruz, Bombay (for short, flat in question ). His plea before the Competent Authority was that he was the owner of the flat in question by virtue of the sale deed executed by his father in his favour on 10th May, 1985 and had also produced the requisite certificate from the concerned authority; he, therefore, prayed that the Respondent be evicted and he be put in possession of the said flat. The Respondent contested the petition, inter alia, on the ground that the Appellant is not the landlord and there exists no relationship of landlord and tenant between them. The Competent Authority, in the first instance, being satisfied with the requirements of Section 13-A1 of the Act, ordered eviction of the Respondent from the flat in question by judgment dated 18th October, 1994. The Respondent carried the matter in revision (C.R.A. 1043/94) before the High Court. On his prayer for leave to file additional documents to show that the Appellant is not the owner of the flat in question and that the relationship of landlord and tenant does not exist between them, the High Court considered it fit to grant leave and call for a finding on issues 3(a) and 3(b), which are as follows :

"3 (a) Does the Applicant prove that he is the landlord of the suit premises?

(b) Whether there exists any relationship of landlord and tenant between the Applicant and the Respondent?"

3. The High Court permitted the parties to lead evidence before the Competent Authority.

4. After giving due opportunity to the parties, the Competent Authority returned the findings on both the issues against the Appellant by an order dated 30th April, 1996. Against the findings on the said issues, C.R.A. No. 515/96 was filed by the Appellant. While confirming the findings returned by the Competent Authority, the High Court set aside the order of eviction passed against the Respondent by common order dated 31st July, 1998 which is assailed in these appeals by the Appellant.

5. Mr. Joshi, the learned Counsel for the Appellant, vehemently contended that in view of the provisions of sub-section (2) of Section 13-A1 of the Act, the certificate granted under sub-section (1) is conclusive proof of facts stated therein and that, therefore, it was not open for the Competent Authority or the High Court to go into the question of the ownership of the Appellant and relationship of landlord and tenant between them and record findings thereon.

6. Mr. Khanwilkar, the learned Counsel for the Respondent, submitted that Section 13-A1 of the Act enables a member of the Armed Forces, working at present or retired, to claim eviction of the tenant on the basis of the certificate granted under sub-section (1) of Section 13-A1 but the question as to whether the Appellant is the owner and landlord within the meaning of the Act has to be decided by the Competent Authority; the findings recorded by the authority are confirmed by the High Court and there is no valid ground to assail the order under appeal.

7. It appears to us that the scheme for eviction of a tenant under the Act is relaxed in favour of a landlord in cases covered by Section 13-A1 and the allied provisions which are inserted by Bombay Rent (Amendment) Act, 1986. The relevant portion of Section 13-A1 may be extracted here.

"131-A1 (13-A1?). Members of Armed Forces of the Union, scientists or their successor-in-interest entitled to recover possession of premises required for their occupation. (1) Notwithstanding anything to the contrary contained in this Act or any contract,-