Sabyasachi Bhattacharyya, J. - (1.) The present revisional application arises from a judgment delivered in an appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the "Act of 1971"), whereby the Appellate Court affirmed a composite order of the Estate Officer, granting eviction of the present petitioner under Section 5(1) of the Act of 1971 as well as recovery of damages under Section 7(2) of the said Act.
(2.) It is argued on behalf of the petitioner that both the fora below acted without jurisdiction in passing such composite order of eviction and damages since the ground for eviction was primarily non-payment of enhanced licence fees whereas the petitioner had all along been paying licence fees at the rate as contemplated in the original licence agreement, including the enhancement stipulated therein, that is, at the rate of 35 percent.
(3.) Moreover, it is argued, the rate at which the opposite party sought enhancement was arbitrary and de hors the law.;