The certificate issued by the proper authority under Section 29B(2B) of the West Bengal Premises Tenancy Act, 1956, is the conclusive proof of the requirement of the petitioner in respect of the suit premises and cannot be questioned in the Civil Court.

( 1 ) THE present hearing arises out of an application under Section 115 of the Code of Civil Procedure and it is directed against an order 6. 11. 2001 passed by the Rent Controller, Bishnupur in the district of Bankura, in a proceeding registered as Case No. 1/bpta/2000.

( 2 ) IN the proceeding before the learned Rent Controller, respondent of this proceeding Smt. Manju Banerjee made a prayer for recovery of possession of a tenanted portion of a house at Mutukganj, Bishnupur, P. O. +p. S. Bishnupur in the district of Bankura from the admitted tenant of the house. The respondent filed the proceeding, inter alia, alleging that she has inherited the house from her mother where the petitioner of the present proceeding is a tenant in respect of a portion of the said house, that she requires the house for her own use and occupation as well as occupation of the members of her family including her son a qualified doctor who requires the suit premises for opening his chamber. She has further contended that her husband commodore, Parimal Banerjee, a member of Air Force, who at the relevant point of time was posed as Joint Director of Interim Test Range, Chandipur, orissa would retire shortly. In that background, the respondent initiated the proceeding for recovery of possession of the suit premises under Section 29b of the West Bengal Premises Tenancy Act, 1956.

( 3 ) THE learned Rent Controller in the impugned order rejected the argument advanced on behalf of the petitioner of the present proceeding that petitioner's husband has a reasonably suitable accommodation in Calcutta where they reside by observing that the certificate issued by the authority concerned, under the law would be a conclusive evidence to establish that the respondent of the present proceeding had requirement for the suit premises. With this finding he directed the present petitioner to vacate the suit premises within a specified time. Being aggrieved by such order, the petitioner has come up before this Court, challenging such order. The only point for my consideration here is whether in the facts and circumstances of the case, the order passed by the authority concerned is tainted with any illegality and therefore should be interfered with or not.

( 4 ) THE learned Advocate for the petitioner has mainly challenged the impugned order on the ground that in the proceeding before the Rent Controller, the O. P. /landlady did not file the certificate by the area or sub-area commander as contemplated under Section 29b (2b) of the West Bengal Premises Tenancy act. The landlady/o. P. of this proceeding as the petitioner there submitted one certificate from the authority, namely, Director, Interim Test Range, Chandipur where her husband at the relevant point of time was posed as Joint Director and the authority concerned, namely, Rent Controller on the basis of such certificate granted the order of eviction as prayed for by the landlady/petitioner before such authority, on the basis of such certificate accepting the same as the conclusive proof of the requirement of the landlady/petitioner. The authority concerned should have insisted on filing the certificate by the proper authority. Instead of that the learned Rent Controller acted on the certificate issued by an authority, who can not issue such certificate. In this connection, the learned advocate has drawn my attention to the specific provisions contained in section 29b (2b) of the W. B. P. T. Act where it is provided that if the landlord is the parent or the wife or a member of a family of the Naval, Military or Air force personal, in that event a certificate by the area or sub-area Commander within whose jurisdiction the premises are situated, is required to be filed. But in the instant case, the petitioner/landlady did not file the requisite certificate from the area or sub-area Commander in whose jurisdiction, the place in question that is to say the premises in question are situated, namel