- (1.) THE question of law involved in this writ application is whether the provisions of the Limitation Act, 1963 apply to proceedings before the Estate Officer under Sections 7(1) and 7(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, hereinafter referred to as the 1971 Act, for recovery of outstanding -rent and/or damages for alleged unauthorized use and occupation.
(2.) THE petitioner No. 1, a non-profit making, service oriented organization is incorporated under the Companies Act, 1956 and renders service inter alia of renewal of driving licence, collection and deposit of road tax, repair of vehicles and the like. THE petitioner No. 1 has various branches all over eastern India. The petitioner No. 1 obtained lease of a plot of land measuring 2023 square metres, in the Haldia Dock Complex, from the Calcutta Port Trust, for a period of 30 years with effect from 1st March, 1979, on terms and conditions contained in a letter No. 1/E/121/1057 dated 29th July, 1978. The lease was due to expire on 1st March, 2009. The petitioner No. 1 was granted lease of the said plot at a lease rent of Rs. 30 per square metre and a surcharge of Rs. 10 per month. Under the terms of the lease, the respondent Port Trust Authorities retained the right to raise the rent up to 25% every 10 years.
(3.) ON 30th April, 1979 the petitioner No. 1 took possession of the said plot. A certificate of possession is annexed to the petition. According to the petitioners, no formal deed of lease was executed even though possession was delivered to the petitioner No. 1 way back in 1979. The petitioner No. 1 claims to have paid lease rent at Rs.667.03 per month, along with surcharge of Rs. 60 per month, to the respondent Port Trust Authorities. It is stated that the respondent Port Authorities did not provide facilities such as supply of water and electricity to the petitioner No. 1. Be that as it may, the petitioner remained in possession of the said plot. According to the petitioners, the Port Trust Authorities all of a sudden enhanced the rent thousand times, without assigning any reason, even though in terms of the letter referred to above, the lease rent could be enhanced to the extent of 25% every 10 years. The petitioner No. 1 and other lessees/tenants continued to pay rent to the respondent Port Trust Authorities at the old rate.;