- (1.) BHARATI Sapru, J. The controversy involved in these three appli cations is identical and with the consent of parties, the same are being heard and decided by a common judgment treating the Civil Misc. Application No. 674 of 2008 (Munna Lal Sharma and Bablu v. Life Insurance Corporation of India) as leading application.
(2.) THE leading application No. 674 of 2008, as stated earlier, is being heard finally at this stage with the consent of both parties. The respondent Life Insurance Corporation of India has expressed no de sire to file counter affidavit in the matter as most of the material is already on record of the application. This application has been filed by the applicants under Article 227 of the Constitution of India arising out of the judgment and order of the Addl. District & Sessions Judge, Agra dated 11. 4. 2008 passed in Misc. Appeal No. 71 of 2005, (Munna Lal Sharma and Bablu v. Bharti Jeevan Bima Nigam ). By this order, the appellate Court has dismissed the appeal filed by the applicants Munna Lal Sharma and Bablu and has confirmed the judgment and order dated 8. 4. 2005 passed by the Estate Officer, Agra in Public Premises case No. A. 43/2003, (Life Insurance Corporation of India v. Munna Lal Sharma) by which the authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act of 1971) has allowed the petition of the respondent Corporation for the eviction of the applicants and has further directed the applicants to pay Rs. 46,533/- as damages and has also fixed future damages at Rs. 2000/- per month with interest at 10% p. a.
(3.) THUS, the present proceedings arise out of the order passed by the Estate Officer as affirmed by the appellate authority constituted under the Act of 1971. Both the authorities have decided concurrently against the applicants and have come to the conclusion that the applicants are in unauthorised occupation of the public premises and having declared them to be one have fixed damages upon them as stated earlier.;