JUDGMENT :-

1. This petition is filed to challenge the order passed by the City Civil Court, allowing the appeal filed by respondent no.1 against the order of eviction and compensation passed by the Estate Officer of the petitioner. The petitioner had applied for the eviction of the respondents and compensation towards arrears of rent. The Estate Officer had allowed the application for eviction against both the respondents under Section 5(1) of the Public Premises(Eviction of Unauthorised Occupants) Act (‘said Act’).

2. The Estate Officer had passed an order directing payment of compensation under sub-section (2) and (2-A) of Section 7 of the said Act. The respondents were held liable to pay arrears of compensation, along with interest, from 1st October 1982 to 31st December 1991. The eviction order was passed on the ground that respondent no.1 had unauthorisedly inducted respondent no.2 and had carried out unauthorised construction. The order passed by the Estate Officer was challenged by respondent no.1 by filing an appeal under Section 9 of the said Act. The proceedings were not attended by respondents, though served, and therefore the order was passed ex-parte. Respondent no.2