JUDGMENT :

1. Premises No. 32A, Brabourne Road, Kolkata originally belonged to the respondent. The entire six storey building (excluding the ground floor and a portion of the first floor) measuring 20,093 sq. ft. had been requisitioned by the appellant under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (‘Act’ for short) for providing barrack accommodation for the police and for Traffic Police Guard Headquarters on 1.10.1958. The premises stood derequisitioned on 7.1.1994 by virtue of the provisions of Sections 10A and 10B of the Act.

2. The appellant, thus became liable to vacate and deliver vacant possession on 8.1.1994 but continued in unauthorized possession. By order dated 8.7.1994, made in a contempt petition filed by the respondent, the High Court granted three months time to the appellant to initiate acquisition proceedings if it wanted to retain the premises and the said period of three months expired on 7.10.1994. Therefore, the respondent filed a suit (CS No. 235/1996) seeking physical possession of the derequisitioned property. A learned Single Judge of the High Court decreed the said suit on 9.9.1998 holding that the occupation of the