- (1.) The petitioner has sought the quashing of the order dated 31st December, 2001 passed by the Estate Officer, Life Insurance Corporation of India (hereinafter referred to as the ''Corporation') for eviction of the petitioner from the premises in dispute and for payment of arrears of rent and damages of Rs. 3,14,868.60 for unauthorised use and occupation. The petitioner has also sought the quashing of the order dated 5th September, 2009 by which the appeal that had been filed by the petitioner for setting aside the aforesaid order of the Estate Officer was dismissed.
(2.) A commercial building bearing No. 16/96, The Mall, Kanpur was owned by N. Bayram J. & Co. A shop in the said building was let out by the landlord to the father of the petitioner about 67 years ago @ Rs. 15/- per month for running the business of confectionery and general merchant. The building was subsequently purchased by the National Insurance Company sometimes in 1952-53 and after the Nationalisation Act, the building vested in the Corporation, which as landlord, started accepting rent @ Rs. 15/- per month. It is in the year 1968 that the Corporation decided to demolish the building. The father of the petitioner Ram Chand filed Original Suit No. 2717 of 1968 for permanent injunction. In the said suit, the parties entered into a compromise and an agreement was executed on 24th February, 1969 that the Corporation shall let out a shop in the proposed newly constructed building to the father of the petitioner at a rent of Rs. 100/- per month.
(3.) On 1st June, 1984, the Corporation sent a notice that it did not want to keep the father of the petitioner as a tenant of the shop and terminated the tenancy on expiry of 30th day from the receipt of the notice. The father of the petitioner was required to vacate and handover peaceful possession failing which, it was stated, the Corporation could move the Estate Officer for eviction and recovery of arrears of rent as the premises was public premises within the meaning of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the ''1971 Act').;