Harish Tandon, J. - (1.) The short question which fell for consideration before this Court is whether the proceeding for eviction initiated under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, hereinafter referred to as 'PP Act', should remain stayed till the proceeding for fixation of fair rent filed before the Rent Control under the West Bengal Premises Tenancy Act, 1997 is finally decided.
(2.) Shorn of unnecessary details, the petitioner no. 1 was allowed to use and occupy 2000 sq. meter of land belonging to the opposite party no. 1 on the basis of a letter dated 18.04.1990 describing it as a licensee for the purpose of storage and repair of the empty containers at a monthly payment of Rs. 400/- per 100 sq. meter per month together with the occupier's share of Municipal Tax levied thereupon. The monthly payment was enhanced from time to time until the opposite party no. 1 by notification dated 02.03.2011 intended to enhance the same. The petitioner filed an application before the Rent Control for determination of the fair rent under the provision of West Bengal Premises Tenancy Act, 1997. The opposite party no. 1 appeared in the said proceeding and raised a preliminary objection as to the maintainability of the said proceeding, which is still pending.
(3.) The opposite party no. 1 initiated a proceeding for eviction of the petitioners from the suit premises by issuing a notice under Sections 4 and 7 of the PP Act. The petitioner filed reply to a show cause issued under Section 4 of the PP Act and thereafter filed another application for stay of the proceeding pending before the Estate Officer till the disposal of the proceeding before the Rent Control. The Estate Officer rejected the said application on the ground that once the premises is governed by the PP Act, it overrides the applicability of the West Bengal Premises Tenancy Act, 1997 and therefore the plea of the petitioners that the eviction proceeding should remain stayed till the disposal of Rent Control proceeding is not tenable.;