recorded thika tenant. The name of the defendants were recorded in the LR
record as thika tenants. That the thika controller had held that ... predecessors were recorded as
'Thika Proja'. That permission was also given by the Deputy Thika Controller for
sale of property by Sabina Anjum
involves matter of 'Thika Tenancy' which can be decided
only by Thika Controller and the jurisdiction of a Civil Court is
clearly barred ... matter of thika tenancy was involved. Such
issue should be decided by the Thika Controller. The court recorded that,
the authority had issued a notice
STEEL
WORKS PVT. LTD. & NARSINGHDAS AGARWALA Is thika tenant, the
opinion of the Dy. Thika Controller may be sought for in regard ... Thika land. The definition of
thika tenant under the Calcutta Thika Tenancy Act, 1949 is quoted below :-
"2(5)- "thika tenant" means
STEEL
WORKS PVT. LTD. & NARSINGHDAS AGARWALA Is thika tenant, the
opinion of the Dy. Thika Controller may be sought for in regard ... Thika land. The definition of
thika tenant under the Calcutta Thika Tenancy Act, 1949 is quoted below :-
"2(5)- "thika tenant" means
predecessor of the petitioners
claimed to be thika tenants and approached the Thika Controller for
adjudication of their status vis-à-vis the suit property ... thika tenant or
not, or whether the land was a thika property or not, were to be determined
by the Thika Controller. The plaint further
defendants either from the Kolkata Municipal
Corporation or from the Thika Controller.
6. The learned advocate for the opposite parties
submits that the plaint indicates ... thika tenant vis-a-vis the
plaintiff. The issue involved in the suit was
beyond the scope and jurisdiction of the Thika
Controller.
7. Having
database
of the Kolkata Municipal Corporation and without clearance
of the Thika Controller, Kolkata, the mutation cannot be
granted. Such instruction is taken on record ... never treated as a 'Thika' property and for
the Thika Controller to give necessary information.
The writ petition is disposed of with
inspection book as a khatal. It is
further submitted that the Thika Controller, despite
several approaches having been made by the
2
Corporation ... engaged in this
matter to appear on behalf of the Thika Controller as
this Court has faith on him and his ability to ensure
that
circular in question.
Thus, the Corporation wrote a letter to the Thika Controller,
Kolkata, for an opinion on the issue. Such approach was
made ... reply has been
received. According to the Corporation, unless the Thika
Controller made an observation with regard to the present
position of the property
report. The Special Revenue Officer, Gr.II, Kolkata Thika Tenancy on
behalf of the Thika Controller, Kolkata, has already issued a clarification
dated December ... continue either as Thika Tenant or as Bharatia or in
any other capacity, until finally decided by the Thika Controller