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2023 Supreme(Cal) 464

SABYASACHI BHATTACHARYYA
Dalhousie Exchange – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arindam Banerjee, Ms. Sanchali Bhowmik.
For the Respondents: Mr. Debajyoti Basu, Mr. Subhajit Sil, Ms. Sanjukta Ray.

JUDGMENT :

1. The Court: The petitioners have challenged a proceeding under Sections 4 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as, “the 1971 Act”) and for quashing the said proceeding. Admittedly, the Life Insurance Corporation of India (LIC), the respondent no.1, issued a letter dated July 31, 2003 asking the petitioner no.1 to vacate the disputed premises on the expiry of August 31, 2003.

2. Subsequently, there was correspondence between the parties in respect of increase in the monthly rent, followed by the respondent no.1 initiating a proceeding under Section 4 of the 1971 Act, bearing No.EO/299/1203, which was subsequently withdrawn on July 27, 2004.

3. Thereafter, a suit was filed against the petitioner no.1 for declaration and permanent injunction restraining the petitioner no.1 from sub-letting, transferring, assigning and/or carrying out any work of construction. In the suit, the temporary injunction application filed by the respondent no.1 was dismissed.

4. However, the respondent no.1/LIC issued further notices on May 25, 2005 under sections 4 and 7 of the 1971 Act, to which the petitioner no.1 responded. The L

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