Sabyasachi Bhattacharyya, J. - (1.) The present challenge is against an order dated August 21, 2018 by which the Fourth Bench of the City Civil Court at Calcutta dismissed Miscellaneous Appeal No. 28 of 2018, thereby affirming Order No. 11 dated April 3, 2018 passed in proceeding No. 1605 of 2017 by the Estate Officer, Kolkata Port Trust, granting eviction of the petitioner under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as "the 1971 Act").
(2.) There was a leave and licence agreement between the parties, by virtue of which the petitioner was in occupation of the disputed premises. The said licence agreement expired on January 31, 2017. Thereafter an application was made by the petitioner to the opposite party asking for renewal/extension of the licence in respect of the subject godown space. By a communication dated March 28, 2017, the opposite party intimated the petitioner inter alia that it had decided to grant extension of licence in respect of the said godown space. It was further stated in such communication, that the licence might be granted on the terms and conditions given therein.
(3.) The petitioner was requested thereby to communicate the petitioner's acceptance of the said terms and conditions and remit to the office of the opposite party the amounts as mentioned in the manner specified therein.;