- (1.) Aggrieved by the impugned order dated 26.07.2000 passed by the High Court at Calcutta in C.O.No.2729 of 1998 this appeal has been preferred by the Life Insurance Corporation of India.
(2.) Heard the parties at length.
(3.) Briefly stated the facts are as follows: Undisputedly, the respondent is in the occupation of the public premises owned by the Life Insurance Corporation of India. The respondent filed application under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter as 'the Act). Section 7 reads : "7.Power to require payment of rent or damages in respect of public premises. (1) Where any person is in arrears of rent payable in respect of any public premises, the estate officer may, by order, require that person to pay the same within such time and in such installments as may be specified in the order. (2)Where any person is, or has at any time been, in unauthorised occupation of any public premises, the estate officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages within such time and in such installments as may be specified in the order. (2A)While making an order under sub-section (1) or sub-section (2), the estate officer may direct that the arrears rent or, as the case may be, damages shall be payable together with simple interest at such rate as may be prescribed, not being a rate exceeding the current rate of interest within the meaning of the Interest Act, 1978. (3)No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer.";