Guha Ray, J. - (1.) This is a petition for revision of an order, of demolition of the covered portion of a verandah of premises No. 36 Royal Exchange Place, Calcutta, passed on 2-5-1953 by the Municipal Magistrate, under Section 364, Calcutta Municipal Act, 1923.
(2.) The petitioners claim to be tenants in respect of different rooms of the premises, and all claim to be interested in the portion of the verandah of which the demolition has been ordered. Their case is that they are entitled to notices under the proviso (i) to Section 364 (1) and they were not given any notice before the order of demolition was made.
(3.) On behalf of the Corporation of Calcutta, no counter affidavit was filed, nor is the Corporation in a position to controvert the case of the petitioners that they are tenants interested in the portion of the premises which has been ordered to be demolished. It is also not disputed that the petitioners were not actually served with any notice.;