S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) WHO should begin to lead evidence in a proceeding under the public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short 'the Act ') is the question involved in these appeals.

( 3 ) APPELLANT is a company incorporated under the Companies Act, 1950. It is a State within the meaning of Article 12 of the constitution of India. It owns a building in the town of Mumbai commonly known as Mayfair Gardens. Respondents herein are the tenants occupying two apartments in the said building. We would notice the fact of each matter in brief separately.

( 4 ) IN this appeal a notice terminating the tenancy of first respondent was issued on 9th February, 2001. However, on the premise that no ground of eviction had been mentioned therein, another notice was issued on 18th February, 2002 enumerating the grounds of eviction. Replies were given thereto by the respondent. Appellant filed an application before the Estate Officer praying for eviction of the respondent and for damages for unauthorized occupation of the premises with effect from 1st April, 2002 @ rs. 4,91,700/- per month with interest @ 9 % per annum thereupon.

( 5 ) THE Estate Of