Section 7A(2)(a) in Calcutta Thika Tenancy Act 1949
(a)the Controller is satisfied that the oi 6E." frr ejectment would have been made agianst the thika tenant even if the Calcutta thika Tenancy (Second Amendment) Act, 1969, had been in force on the date on which such order was made, the Controller shall dismiss the application with such costs as the Controller may allow to the landlord; or