K.C.Agarwal, J. - (1.) -This writ petition has been preferred by the Life Insurance Corporation of India against a judgment oF the II Additional District Judge, Kanpur, dated 11-2-1955. dismissing an appeal filed by the petitioner against an order of the Rent Control and Eviction Officer, dated 17-5-1973.
(2.) The Life Insurance Corporation of India was a corporation established under the Life Insurance Corporation Act 1956. The object of the Act was to provide nationalisation of business in India by transferring all such business to a Corporation established for the purpose and to provide for the regulation and control of the business of the Corporation and for matters connected therewith or incidental thereto. With effect from September, 1, 1956 the Life Insurance, Corporation of India was established by virtue of Section 3 of the Act. It was provided that the Corporation shall be the body corporate having perpetual succession and a common seal with power, subject to the provisions of the Act, to acquire, hold and dispose of property and may by its name, sue and be sued. The petitioner Life Insurance Corporation has its Central Office at Bombay and Zonal offices at several places including Kanpur. Since the Central Zonal office at Kanpur controls territories of Uttar Pradesh and Madhya Pradesh, a large number of employees are employed at its office, many of whom had to come from outside on transfer to Kanpur for the purpose. A group of properties, known as Free India Estate, consisting of 59 tenements including 29 bungalows and/or cottages, out-houses and garages, were owned by the Free India Insurance Company Limited at Kanpur. All the apartments had been let out to various tenements. On the enforcement of the Life Insurance Corporation Act, 1956, the aforesaid property vested in the Life Insurance Corporation of India.
(3.) One of the quarters of the said building, which was quarter No. 47, fell vacant. Thereupon, the Life Insurance Corporation of India filed an application for its release on the ground that the same was required by it for housing an officer. The application was rejected by the Rent Control and Eviction Officer and the premises was allotted. Against the said order, the Corporation preferred an appeal to the District Judge. The appeal was dismissed by the Additional District Judge, on 11-2-1975. Being aggrieved, the Life Insurance Corporation of India filed the present writ petition.;