S K BANDYOPADHYAY Vs. REGISTRAR, SUPREME COURT

JUDGEMENT

(1.) This case relates to the allotment of a portion of a chamber in the Old Lawyers Chambers Block in the Supreme Court premises. The petitioner was occupying a half portion of the chamber No. 28 in the said Old Lawyers Chambers Block as he was an assistant of the allottee Shri P.K. Mukherjee. There is no doubt that the petitioner has been occupying this chamber for more than 30 years. However, there is also no doubt that the petitioner was occupying this chamber not in his own right but because he was associated with Shri P.K. Mukherjee. The position now is that Shri Mukherjee, who is now about 86 years of age, has left his practice and has retired at Calcutta. He is no longer interested in continuing his practice and for that reason he is no longer interested in retaining possession of the portion of chamber No.28 which had been allotted to him.

(2.) The letter dated 26.10.2005, which is annexure P-3 to the petition, is the bone of contention in this petition. The contents of the letter are as under:

(3.) According to the petitioner this letter clearly indicates that Shri P.K. Mukherjee has no objection to the portion of chamber No.28 being used by the petitioner provided he pays the arrears. According to the petitioner he has paid all the arrears and there is nothing due till date and if anything is due, he is ready and willing to pay the same. He submits that this letter cannot be construed as a surrender of the portion allotted to Shri P.K. Mukherjee and the letter should be regarded as a no objection from Shri Mukherjee.