- (1.) LIFE Insurance Corporation of India (hereafter the Corporation), the opposite party herein, is presently the owner of Metropolitan Building at 7, Jawaharlal Nehru Road, Kolkata 700013.
(2.) METROPOLITAN Building was earlier owned by METROPOLITAN Insurance Company Pvt. Ltd. Its Managing Director, Debendranath Bhattacharya (since deceased), had granted a monthly tenancy of flat no. 3, situate on the second floor of METROPOLITAN Building (hereafter the said flat) in favour of his wife Sovana Bhattacharya (since deceased). It was after the nationalization of private insurance companies in 1956 that the Corporation became the owner of METROPOLITAN Building and Smt. Sovana Bhattacharya a monthly tenant under it in respect of the said flat. The Corporation had approached the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereafter the Act) seeking eviction of Smt. Sovana Bhattacharya from the said flat on the ground that she was an unauthorized occupant thereof. Case No. E.O./173/0898 (hereafter the said case) was registered. During the pendency of the said case, Smt. Sovana Bhattacharya (hereafter the original respondent) passed away. All the heirs and legal representatives of the deceased were brought on record of the said case as respondents. The said case stood terminated by a final order dated February 28, 2003 of the Estate Officer, who directed eviction of the respondents.
(3.) ONE of the heirs of the original respondent in the said case was her son, Sri Botuknath Bhattacharya (hereafter the appellant). He carried the order of eviction in an appeal under Section 9 of the Act before the City Civil Court at Calcutta. The appeal was registered as Misc. Appeal No. 19 of 2003 and assigned to the learned Judge, 13th Bench of the said Court. Other heirs and legal representatives of the original respondent, who were brought on record of the said case as substituted respondents, were arrayed in the appeal as proforma respondents by the appellant. In connection with the said appeal, the appellant filed an application for stay on March 28, 2003. The learned Chief Judge, City Civil Court at Calcutta was pleased to grant stay, as prayed for.;