question whether the property is a Thika property or not was
pending consideration before the Thika Controller. In fact, it is
still pending with ... property concerned is a thika
property or not. There cannot be any dispute to the fact that the
Thika Controller is having jurisdiction to take
half, the Controller may grant him permission to erect a
pucca structure, if the Controller is satisfied that the
thika tenant—
(a) is using ... half, the Controller may grant him permission to erect a
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pucca structure, if the Controller is satisfied that the
thika tenant—
(a) is using
Division Bench of the
High Court at Calcutta holding that the Thika Controller
did not have the jurisdiction under the Calcutta Thika and
other Tenancies ... further held that such a jurisdiction came to be vested
in Thika Controller only after the 1981 Act was repealed
and a new enactment, namely
High
Court observed that the final order passed by the Thika
Controller dated 23.09.2015 being subsisting, the applicant
was entitled to resist dispossession and execution
Calcutta Thika Tenancy and Other
Tenancies and Lands (Acquisition and Regulation) Act, 1991,
especially with regard to jurisdiction/authority/power of the
Thika Controller.
Signature
deletion of Section 29 of the
Calcutta Thika Tenancy Act, 1949, by the Calcutta Thika Tenancy
(Amendment) Act, 1953 in the context of the pending ... view of
Section 29 of the Thika Tenancy Act, 1949, the suit was transferred to the
Controller. During the pendency of the suit before
