Salil Kumar Dutta, J. - (1.) This appeal is against a judgment of affirmance. The plaintiff-appellant was served with a notice by the Estates Officer appointed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, on 31.3.60 for payment of damages in respect of premises, being portion of a flat in J Block, 4th Floor at No. 167, Rash Behari Avenue, Ballygunge, Calcutta for the period commercing from 20th August, 1946 to 28th February, 1952 amounting to Rs. 2489/-. On receipt of this notice, an objection was filed by the plaintiff before the said officer which was overruled. It appears that no further step was taken by the appellant by way of appeal against the aforesaid order as provided in the said Act. The plaintiff thereafter received a notice of warning from the Certificate Officer, Alipore, 24-Parganas, demanding payment of damages for Rs. 2489.38 P. for the said period. The plaintiff on receipt of this notice served a notice under section 80 of the Code of Civil Procedure on the Government through his lawyer indicating his intention to institute a suit for declaration that the certificate and the assessment of damages were illegal and ultra vires and for cancellation of the same and thereafter he filed this suit.
(2.) This suit was contested by the Union of India and was dismissed and the dismissal of the suit was affirmed on appeal. This second appeal is against this decision.
(3.) It may be mentioned here that earlier the plaintiff was served with a notice of demand under a certificate for damage for use and occupation of the same premises for a portion of the aforesaid period. The plaintiff challenged the legal validity of the said demand in Title Suit No. 16 of 1955. This suit was decreed and certificate was declared ultra vires, as the Government Premises (Eviction) Act, 1950 whereunder the demand was made, was itself declared ultra vires in Jagu Singh v. M. Shaukat Ali, 58 CWN 1066. In view of the aforesaid decision the Central Government promulgated on September 16, 1958, the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 to provide for eviction of unauthorised occupants from public premises assessment of damages for unauthorised occupation and other incidental matters.;