MCD Vs. DENA BANK

JUDGEMENT

(1.) This petition is directed against the order dated 8.2.1996 passed by the Additional District Judge, Delhi in PP Act Case No. 535/1995, whereby the learned Judge has allowed an appeal under Section 9 of the Public Premises (Eviction and Unauthorised Occupants) Act, 1971, which appeal arose from the order of the Estate Officer dated 6.4.1992 passing an eviction order in respect of the premises bearing Shop Nos. 48, 49, Lodhi Road, Municipal Market, New Delhi and directing payment of Rs. 1,14,000/- as arrears of licence fee due upto 17.8.1989 and for subsequent period at Rs.12,000/- per month till the premises is vacated.

(2.) The facts of the case as have been noted by the learned Estate Officer are as follows:

(3.) It is contended by counsel for the petitioner that the Additional District Judge/the First Appellate Court has gone wrong in reversing the order of the leaned Estate Officer on the ground that the licence has never been cancelled. When according to counsel for the MCD the order dated 8.1.1990 clearly indicates the cancellation of licence prior thereto and also by a flux of time. She submits that since the licence was never renewed, the same stood cancelled. Counsel also submits that the findings of the First Appellate Court that hundred per cent increase in licence is unjustified cannot be sustained as it is not for the Court to indicate as to what the Corporation can charge as its licence fee for the use and occupation but it is a matter of contract for use and occupation of its premises by the respondent.