- (1.) This revisional application is at the instance of an occupier governed under the provision of Public Premises (Eviction of Unauthorised Occupation) Act, 1971 ("Act") and is directed against order dated August 17, 1988 passed by the Estate Officer in Misc. Case No. EO/24/1197/Misc. 4, C.R. Avenue, Calcutta-700073, thereby holding that an application at the instance of an occupier for assessment of any arrear of rent and for giving direction for payment of such rent under Section 7 of the Act was not maintainable.
(2.) . There is no dispute that the petitioner was induced in the disputed property by the opposite party, Life Insurance Corporation of India, and the occupation of the present petitioner is governed by the provision of the Act.
(3.) . The case of the petitioner is that theopposite party duly accepted rent till March 1997 at the rate of Rs. 650/- a month but when the petitioner in the month of May, 1997 sent the rent for April, 1997 at the rate of Rs. 875/- per month in terms of the earlier agreement between the parties dated June 6, 1992, the opposite party refused to accept the same. Thereafter the petitioner contacted the concerned official of the opposite party for acceptance of rent but he did not accept such rent, as a result, the petitioner started sending rent to the opposite party by cheque every month but the opposite party refused the same with the intimation that it was not in a position to accept rent through cheques. Under the aforesaid circumstances, the petitioner came up with an application under Section 7 (1) of the Act before the Estate Officer for adjudicating the amount of arrears and for a direction for payment of such arrears to the petitioner.;