- (1.) The first respondent herein occupies a shop on the first floor of the reconstructed S. S. Hogg Market after a devastating fire in or about 1985 razed the old construction thereat. It is not in dispute that the first respondent has been in possession of the said shop-room for about 30 years now. It is also not in dispute that there is no formal agreement or lease executed between the first respondent herein and the Kolkata Municipal Corporation, which owns the market. However, during the period that the first respondent herein has been in occupation of the shop room, he has paid the rent or occupation charges therefor and there is no grievance in such regard which is raised by the Corporation.
(2.) The matter pertains to the renewal of the tenure of persons who came to occupy the then newly constructed S.S. Hogg Market (Phase-II) in or about 1990. According to the Corporation, Martin Burn Limited was awarded the contract to tear down the fire-stricken building and construct a new extension to the existing market. The shop-owners at the market whose shops were destroyed by the fire were to be rehabilitated on the basement and ground floors of the newly constructed building and Martin Burn Limited would be entitled to recommend allottees for the shop- rooms on the first and second floors upon receiving lumpsum amounts from such allottees which would pay for the construction of the building. It is the further case of the Corporation that upon the erstwhile shop-owners at the old market being rehabilitated, Martin Burn recommended several allottees and made over possession of the shop-rooms on the first and second floors to such allottees. The Corporation says that each of the allottees was, however, required to enter into an agreement for lease in respect of the relevant shop-room for a period of thirty years, abide by the conditions of the lease and pay regular rent or occupation charges in accordance therewith.
(3.) So far as the first respondent here is concerned, such person came to be in possession of the relevant shop-room on the first floor of the then newly constructed building at S.S. Hogg Market (Phase-II) sometime in the year 1990, but no formal agreement was executed between the Corporation and the first respondent. It does not appear from any documents referred to by either set of parties that the Corporation has ever demanded the execution of any lease by the first respondent or the Corporation has had any complaint regarding the mode or manner of use of the shop-room by the first respondent or on account of non-payment of rent or occupational charges or any incidentals.;