ASIM KUMAR MONDAL,J. - (1.) THIS is an application under Article 227 of the Constitution of India challenging the order dated 18th April, 2012 passed by learned Judge 13th Bench, City Civil Court, Calcutta in Misc. Appeal No. 67 of 2006.
(2.) THE appellant is a tenant in respect of the suite no. 25, 5th Floor of Premises 13, Ganesh Chandra Avenue, Kolkata at a monthly rental of Rs. 75/ - per month payable according to the English Calendar month. The respondent Life Insurance Corporation of India, Eastern Zone, Hindustan Building served a notice to quit dated February 19, 1993 the allegation that appellant failed and neglected to pay rent since August, 1991. The Estate Officer served notice upon the appellant to show cause. The appellant replied to the show cause denying the allegations of default. Upon the pleadings of the parties the Estate Officer framed issues and after hearing both sides and examining documents passed order on November 30, 1995 asking the appellant to vacate the premises in question within 15 days from the date of publication of the order and it was further ordered that in the event of failure to comply the said order within specified period the person in possession of the suit property will be vacated. The appellant preferred appeal against the said order dated November 30, 1995 before learned Chief Judge, City Civil Court, Calcutta which was registered as Misc. Appeal No. 33 of 1995. The learned Chief Judge, City Civil Court disposed of the said appeal by an order dated April 29, 2000.
(3.) THE appellant being aggrieved by the said judgement and order preferred a revisional application being C.O. No. 1522 of 2000 before this High Court. The High Court on March 22, 2004 was pleased to remit back the case before the Estate Officer that order of the Estate Officer for eviction of the present petitioner should be kept in abeyance till the determination of the issue relating to non -payment along with interest / damages as determined by the Estate Officer on hearing both the sides. Accordingly the revisional application was allowed and was remitted back to the Estate Officer for hearing both sides and to determine the quantum of rent payable by the petitioner along with interest / damages and Estate Officer was further directed to fix up the date for payment of the amount due in favour of the opposite party and in case of default on such payment the order of the Estate Officer shall come into force.;