R.Pal, J. - (1.) The respondent is the owner of Premises No.32A, Brabourne Road, Calcutta (referred to as the suit premises). The suit premises are occupied by Calcutta police personnel. This appeal has been preferred from a judgment and decree dated 9th September, 1998 by which khas possession of the suit premises has been granted to the respondent. Three months' time was allowed from the date of the decree for the appellant to vacate the suit premises. A further decree of Rs.66,702/- and Rs.51,45,161/- and further mense profit at the rate of Rs. 1,10,000/- per month from September, 1993 until delivery of vacant possession was also awarded.
(2.) The suit premises was initially requisitioned by the appellant under section 3(1) of the West Bengal Premises Requisition & Control (Temporary Provisions) Act, 1947 (referred to as the 1947 Act) by a notification dated 1st October, 1958. Possession of the premises was handed over to the Calcutta Police on 4th October 1958. The rent compensation was fixed at Rs.4,950/- per month which was subsequently increased in 1963 to Rs.7,230/- per month.
(3.) On 31st March, 1987, the 1947 Act was amended by the West Bengal Premises Requisition & Control Act (Second Amendment), 1986 by which section 10A and 10B were introduced. The effect of these amended provision was that the authorities became bound to de-requisition premises which had already been requisitioned under the 1947 Act, upon the expiry of 5 years from the date the amendment came into force namely 31st March, 1987.;