UNION OF INDIA Vs. PODDAR UDYOG LIMITED

JUDGEMENT

(1.) There will be an order in terms of prayer (a). For the sake of convenience and upon the consent of the parties the appeal and the stay application in respect of the order appeared against were taken up together for hearing and disposal.

(2.) This appeal is directed against an order dated 26th November, 1998, whereby the learned single Judge disposed of the writ petitioner filed by the respondents herein, inter alia, by directing the Union of India, one of the appellants before us, to pay rent and/or occupation charges for the premises in question at the rate of Rs. 15.65p per square foot with effect from 1st September, 1992. Quantifying the amount payable on the said basis, the learned single Judge directed the Union of India to pay to the writ petitioners/respondents a sum of Rs. 3,37,46,798.40 paise, being the sum payable from 1st September, 1992, to 30th October, 1998, within 31st May, 1999. As to the execution of the lease agreement, the learned Judge observed that the said condition has become infructuous on the expiry of five years from 1st September, 1992.

(3.) The case made out in the writ petition is that the writ petitioner No. 1 was and still is the owner of portions of the third, fourth, fifth and eighth floors of premises No. 18, Rabindra Sarani, Calcutta-700 001, popularly known as "Poddar Court", and from 1968 the Income Tax Department has been a tenant of the said portions of the building under the writ petitioner No. 1.