PRASANT KUMAR GUHA AND ANOTHERS Vs. UCO BANK

JUDGEMENT

(1.) The instant application under Art. 227 of the Constitution of India preferred by the petitioners is directed against the order dated 31st Aug., 2004 passed by the learned Judge, 3rd Bench, City Civil Court, Calcutta in Misc. Appeal No. 41 of 2002. By the order impugned the learned Judge, 3rd Bench, City Civil Court, Calcutta dismissed the appeal preferred by the present petitioners as appellants and affirmed the judgment and order passed by the Estate Officer on 31st Aug., 2002 in Case No.8 of 2002.

(2.) The facts leading to filing of the instant application under Art. 227 of the Constitution of India may briefly be stated thus :

(3.) The learned Judge, 3rd Bench, City Civil Court, Calcutta has come to the finding that the premises in question belongs to the nationalised bank namely UCO Bank presently the opposite party and the said Bank has got every right to initiate the proceeding for eviction of the appellants presently the petitioners through the Estate Officer and in this case the Estate Officer after considering the materials on record and the decision of the Hon'ble' Apex Court held that the premises in question is a public premises and the appellants are rank trespassers in respect of the said premises which they occupied and they are liable to be evicted therefrom. The learned appellate Court has found no merit in the appeal and consequently dismissed the appeal.