STATE BANK OF INDIA Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) Present petition is filed by the State Bank of India, assailing the order dated 27.01.2006 passed by Estate Officer under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 in Case No. D-66 of 2003, Life Insurance Corporation of India Vs. State Bank of India, whereby petitioner was held to be unauthorized occupant and was directed to handover peaceful possession of the premises to the L.I.C. within 15 days from the date of publication of the order and was further pleased to direct the petitioner to pay arrears of rent from 01.04.2002 to 20.12.2012 @ Rs. 1,04,000/- per month and damages @ Rs. 1,04,000/- per month from 21.12.2002 to 27.01.2006 total Rs. 47,70,581/- and to pay further damages @ Rs. 1,04,000/- per month till the date of handing over the possession and to pay 9% per annum simple interest till full realization as well as order and judgment dated 12.03.2007, passed by the Additional District Judge, Dehradun in P.P. Appeal No. 22 of 2006, whereby appeal filed by the petitioner was dismissed upholding the judgment and order passed by the Estate Officer.

(2.) Undisputed brief facts of the present case, inter alia, are that L.I.C., vide notice dated 15.11.2002, under Section 106 of the Transfer of Property Act, sent through Registered Post A.D. as well as under the postal certificate, was pleased to determine the tenancy of the petitioner herein and was further pleased to direct the petitioner to handover the vacant peaceful possession after the expiry of the period of notice i.e. 30 days from the date of receipt of notice and was further pleased to call upon the petitioner to pay arrears of rent amounting to Rs. 15,60,000/- @ Rs. 1,90,000/- per month from 01.04.2002 to 20.12.2002 and damages thereafter @ Rs. 1,95,000/- per month for unlawful occupation and use of said premises; when petitioner failed to make compliance of the notice dated 15.11.2002, L.I.C. moved an application before the Estate Officer under Section 5 (1) read with Section 7 of the Act; having perused the application so moved by the L.I.C., learned Estate Officer was pleased to issue notice on 21.11.2003 to the petitioner herein under sub-Section (1) of Section 4 and Section 7 (3) of the Act annexing therewith copy of the application moved by the L.I.C. mentioning therein as to why order of eviction and payment of arrears of rent and damages be not passed against the petitioner on the ground that tenancy of the petitioner stood terminated vide legal notice. Notice was also affixed on the premises in question on 13.12.2003.

(3.) Copy of the notices issued under Section 4 (1) and 7 (3) of the Act dated 21.11.2003 are handed over in the Court by Mr. Siddharth Bisht learned counsel for the L.I.C., which are taken on record. Correctness of the copy of the notice(s) is not disputed by the learned counsel for the petitioner.