PHOOL CHAND HALWAI Vs. UCO BANK

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against order dated 16th January, 2004 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Misc. Appeal No. 21 of 2002 thereby affirming the order of eviction dated 21st June, 2002 passed by the Estate Officer against one Badri Prasad Halwai under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The present application has been filed by Ph Chand Halwai (Sharma), son of Badri Prasad Halwai, since deceased.

(2.) THERE is no dispute that Badri Prasad Halwai, since deceased, was a tenant under the UCO Bank in respect of room No. 9, First Floor, 2, India Exchange Place, Kolkata 700 001 (hereinafter referred to as tenanted property). It appears from record that the Estate Officer issued a notice under Section 4 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 1971 Act) thereby asking the recorded tenant to show-cause why he should not be evicted on the grounds mentioned in the said notice.

(3.) IT further appears from the record that subsequently the Estate Officer issued another notice dated 7th March, 2002 in the same name of Badri Prasad Halwai which was verbatim reproduction of the earlier notice.