Asit Kumar Bisi, J. - (1.) The instant application under Article 227 of the Constitution of India preferred by the petitioners is directed against the order dated 31st August, 2004 passed by the learned Judge, 3rd Bench, City Civil Court, Calcutta in Misc. Appeal No. 41 of 2002. By the order impugned the learned Judge, 3rd Bench, City Civil Court, Calcutta dismissed the appeal preferred by the present petitioners as appellants and affirmed the judgment and order passed by the Estate Officer on 31st August, 2002 in Case No.8 of 2002.
(2.) The facts leading to filing of the instant application under Article 227 of the Constitution of India may briefly be stated thus : The proceeding before the Estate Officer arose out of the action initiated by the Bank presently the opposite party against the present petitioners for an order of eviction and also for payment of arrears of rent under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act). On hearing the Estate Officer held that the present petitioners namely Prasanta Kumar Guha and Santanu Nag as well as M/s. Ratanlal Mandhana Sons (P) Ltd. are in unauthorised occupation of the premises in question and directed the present petitioners to vacate the premises in question within 15 days from the date of publication of the said order as contemplated under Section 5 sub-section (1) of the Act. The Estate Officer further directed the present petitioners under Section 7(2) of the Act to pay forthwith to the bank authority a sum of Rs. 1,80,000/- (Rupees one lakh eighty thousand) for the period from 1.2.1999 to 31.1.2002 being the damages and marketable rents at the rate of Rs. 5,000/- per month payable according to English calendar month being arrears of rents as well as current rents from 1.2.2002 till the date of realisation of the entire amount for use and occupation of the premises in question during the unauthorised period of occupation immediately. Being aggrieved by and dissatisfied with the said order passed by the Estate Officer concerned the present petitioners as appellants preferred Misc. Appeal No.41 of 2002.
(3.) The learned Judge, 3rd Bench, City Civil Court, Calcutta has come to the finding that the premises in question belongs to the nationalised bank namely UCO Bank presently the opposite party and the said Bank has got every right to initiate the proceeding for eviction of the appellants presently the petitioners through the Estate Officer and in this case the Estate Officer after considering the materials on record and the decision of the Hon'ble' Apex Court held that the premises in question is a public premises and the appellants are rank trespassers in respect of the said premises which they occupied and they are liable to be evicted therefrom. The learned appellate Court has found no merit in the appeal and consequently dismissed the appeal.;