BASANT PRAN Vs. R.C.WAILA

JUDGEMENT

(1.) The instant revisional application has been filed under Article 227 of the Constitution of India by a registered partnership firm and the subject matter of challenge is a judgment and an order dated 24th May, 2007 passed by the learned Judge, 12th Bench, City Civil Court at Calcutta in a statutory appeal preferred by the petitioner against an order dated 21st April, 1999 passed by R.C. Walia, Estate Officer, Directorate of Estates, Ministry of Urban Affairs and Employment, Government of India, under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, "the Act of 1971"). It is contended by the learned counsel for the petitioner that since 1948, the petitioner was a tenant of room No. 71 at premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001, which belonged to F & C Osier (India) Limited and which is now in liquidation. Room No. 71 is on the southern side of the premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001. After F & C Osler (India) Limited went into liquidation and premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001 were put up for sale by the official liquidator, the said premises were acquired jointly by the President of India and Raneegunge Coal Association Limited, a private corporate body. It was further contended that while northern portion of premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001 was purchased by the Raneegunge Coal Association Limited, the southern portion was purchased by the President of India. As the President of India had purchased the southern portion of the premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001, the petitioner paid rent for room No. 71 in favour of the President of India. By a letter dated 22nd July, 1963, the Deputy Director of Estates, Directorate of Estates, Ministry of Works, Housing and Rehabilation, Government of India, called upon the petitioner to quit and vacate the room by the expiry of 31st August, 1963, on the ground that the room was urgently required by the Government of India for its own use for allotment to Central Government offices after re-modeling the building. In the said letter, it was mentioned that in the event possession was not made over within 31st August, 1963, steps would be taken under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958.

(2.) According to the petitioner, the President of India entered into a registered Memorandum of Agreement on 1st June, 1965, which was registered on 24th June, 1965, with Raneegunge Coal Association Limited, wherein it was agreed, inter alia, that Raneegunge Coal Association Limited would convey and transfer in favour of the Government - the northern portion of the premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001 and in turn, the Government would convey and transfer in favour of Raneegunge Coal Association Limited - the southern portion of premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001, free from encumbrances and for the same, the Government would initiate necessary proceeding for obtaining vacant possession of the southern portion of premises Nos. 9, 10, 11 and 12, Old Court House Street, Kolkata - 700001.

(3.) After expiry of approximately 32 years from the date of the letter issued in July, 1963 calling upon the petitioner to vacate the room in its occupation, R.C. Walia, as the Estate Officer, again by a letter dated 18th May, 1995, again called upon the petitioner to forthwith vacate the public premises under its occupation. It is contended by the learned counsel for the petitioner that even after the two letters, the petitioner all along paid rent in respect of the premises under its occupation and such rent was accepted. It is further contended that on 12th October, 1998, a show cause notice was issued by the respondent No. 1 under section 4(1) and section 4(2)(b)(ii) of the Act of 1971, to the petitioner as to why an order of eviction should not be passed against the petitioner. The writ petitioner showed cause. However, the respondent No. 1 proceeded to pass an order of eviction on 21st April, 1999, wherefrom an appeal was preferred before the statutory appellate authority, being the learned Judge, 12th Bench, City Civil Court at Calcutta, which ultimately led to the impugned judgment and order dated 24th May, 2007.