SANJIB BANERJEE,J. - (1.) The petitioners have suffered a decree in proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the principal grievance herein is that despite the appeal being entertained by the District Judge, the decree for Rs. 5 lakh on account of damages has not been stayed.
(2.) When this petition was received, an unconditional stay of the order was granted, subject only to the enhanced rent of Rs. 15,000/- per month as directed by the lower appellate court to be paid by the petitioners. It is not in dispute that the unpaid rent has been paid and the arrears on account of unpaid rent at the enhanced rate has also been tendered.
(3.) The public body involved is the Life Insurance Corporation of India. It is submitted on behalf of LIC that when there was no stay of operation of the decree passed by the Estate Officer, LIC had put its padlock on the entrance to the flat, but the petitioners purported to break open such padlock and re-enter the flat at Middleton Street.;