Ganendra Narayan Ray, J. - (1.) The appeal along with the application dated 18th November, 1986 were disposed of by this Court on 17th December, 1986 by which this Court on compassionate ground directed the C.I.T. not to throw the appellant out of possession of the flat in question for three months from the date of the judgment so that he could find out an alternate accommodation and also make an application before the C.I.T. for fresh consideration of his prayer for tenancy. Such time for the months on compassionate ground was, however, made on terms and it was directed that the appellant should be allowed to retain his occupation of the disputed flat for three months in terms of the said order provided he would pay occupation charges of the said flat at the rate of which the rent had been fixed for the said flat including the arrears of rent, if any, due to the C.I.T. and the arrears of occupation charges were directed to be paid within one month from the date of the judgment. In default of such payment, the permission for occupation of the flat for three months from the date of the order will stand vacated.
(2.) The appellant thereafter made an application for extension of time to make such payment and on such application the time to make payment was extended by three weeks from the date of the subsequent order, namely, January 30, 1987. Such order was passed in absence of the appellant-petitioner and on the basis of the submission made on behalf of the C.I.T. that Rs. 36,157.50 P. was due on account of the occupation charges of the said flat.
(3.) A further application for extension of time and for payment of the arrears of rent has been made by the appellant and the appellant has disputed the amount due, as submitted by the C.I.T.;