SUBHRO KAMAL MUKHERJEE,J. - (1.) THIS is an Application under Article 227 of the Constitution of India (the said application in short) against judgment and order dated February 24, 2003 passed by the learned Chief Judge, City Civil Court at Calcutta in Misc. Appeal No. 30 of 2002 affirming the order dated July 16, 2002 passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupant) Act, 1971 (the said Act of 1971 in short) in Case No. 1 of 2002.
(2.) THE brief facts leading to filing of the said application are summarised as under : The petitioner entered into an agreement with the trustees of the Victoria Memorial Hall on December 1, 1987 for the purpose of running of a restaurant in a big room located in the northeastern corner of the said Hall for a period of five years on certain terms and conditions. The agreement was renewed on April 29, 1994 for a further period of five years commencing from May 1, 1994. Certain disputes and differences arose between the petitioner and the trustees of the Victoria Memorial Hall, inter alia, concerning the right of the said authorities to start a departmental canteen in the premises of the Victoria Memorial Hall. The petitioner instituted a suit, inter alia, for declaration that during the subsistence of the agreement dated April 29, 1994, the defendants of the said suit had no right to start and run and/or allow any person or persons to start and run any canteen for the employees, visitors and others in the premises of the said Victoria Memorial Hall. The petitioner, also, prayed for a decree for perpetual injunction in the light of the aforesaid prayers. In the said suit the learned Judge, Fourth Bench, City Civil Court at Calcutta passed an ad interim order of injunction on June 30, 1994 restraining the defendants of the said suit from selling foodstuff to the outsiders, visitors and general public. The said ad interim order of injunction was made absolute on June 2, 1995.
(3.) THE petitioner submitted an application to the authorities concerned for renewal of his agreement to continue with the business of restaurant, but on April 29, 1999 the request of the petitioner for extension of the agreement for another term has been rejected.;