JUDGMENT

Shah, J.-Leave granted.

2. Short question involved in this appeal is --- whether the provisions of Section 138 of the Indian Railways Act, 1890 (hereinafter referred to as "the Railways Act") can be invoked for taking back possession of the premises which was given to its employee, upon his retirement on failure of railway administration to prove lease document in its favour?

3. The High Court of Calcutta by judgment and order dated 10.10.2001 arrived at the conclusion that railway administration ought to have proved that the premises belonged to it, before invoking Section 138 of the Railways Act and as the lease agreement of the premises between railway administration and its owner is not proved, Section 138 of the Railways Act could not be invoked for evicting the respondent. That judgment is challenged by filing this appeal.

4. Short facts of the case are - undisputedly, respondent Mahesh Kumar Verma was a railway employee, posted as Chief Public Relations Officer (CPRO), and as he was entitled to official accommodation, on 17.1.1967, he was allotted premises at 85-B, Sarat Bose Road, Calcutta, which is about 2800 sq. ft. with a lawn of 2500 sq. ft. in front apart from a