1997 A I H C 3326 ::(1998) 1 ICC 113 ::(1997) 2 RentLR 373

Calcutta High Court

Hon'ble Judge(s): Satyabrata Sinha , J

(A) Public Premises (Eviction of Unauthorised Occupants) Act (of 1971) , S.5— Eviction of unauthorised occupant - estate officer is court - His order of eviction is binding and executable - Court can only see if his order violates Art. 14. Constitution of India , Art.14— The Estate Officer is a Court. Its decision, subject to an order which may be passed in an appeal from its judgement, is final, binding and executable. The Estate Officer is not, therefore, bound by any guideline issues by the Central Government and as such the said authority was entitled to pass any order whatsoever in the event it is found that a case has been made out for eviction of the unauthorised occupant meaning thereby the premises in question is a public premises and the proceedee is an unauthorised occupant within the meaning of the Act.(Para 15 17) A tenant is inducted for certain purposes and particularly either for residential or commercial purposes. Any arrangement made by with any third person so as to put in defacto possession and thereby making a huge unlawful gain cannot be a purpose for which a tenant has been inducted. It is useless to compare the act of sub-tenancy on the part of a tenant in the touch stone of various Rent Control Acts. Such Rent Control Acts protect the rights of a tenant whereas no suc....