suit was transferred to the Thika Controller.
Thereafter Amendment Act 6 of 1963 was passed which deleted
s. 29 and the appellant urged before ... governed by that. Act the Court
transferred it to the Thika Controller under s.29 of the
Act. The suit thus stood transferred
once finally disposed of by the learned executing Court directing the Thika Controller to decide and adjudicate the right, title and interest of the applicants ... come forward to claim the land being vested. Rather Thika Controller acted adversely against all the applicants. Thika Controller was compelled to act in terms
said Act of 1949, a thika tenant could erect
pucca structures, with prior permission of the thika controller, only for
residential purpose.
Admittedly, the property ... person is a thika tenant or not or
whether the land in question is thika land or not, the controller, either on his own
motion
said Arun
Kumar Chatterjee.
There has been a proceeding before the Thika Controller, Calcutta and,
ultimately, the Additional Thika Controller, by order dated December ... said original application and affirmed the order passed by the
Additional Thika Controller.
Admittedly, Prabhat Kumar Sinha and Arun Kumar Sinha executed a
registered deed
Original Thika Tenancy Act, 1949 (as amended by Act 6 of 1953) and therefore as the case was not filed before the Thika Controller ... that a landlord wanting to eject a thika tenant was to apply to the Controller.
The question was what was to happen to suits like
appellate authority in a proceeding under Section 5 of the Calcutta Thika Tenancy Act.
2. The facts that lie in a short compass ... started a proceeding under Section 5 of the Calcutta Thika Tenancy Act before the Thika Controller, Calcutta for eviction of the petitioner on the ground
deletion of Section 29 from the Calcutta Thika Tenancy Act, 1949 , by the Culcutta Thika Tenancy (Amendment) Act, 1953, in the context of a 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
Section 29 of the Calcutta Thika Tenancy Act (2 of 1948) was amended by Section 6 of the Calcutta Thika Tenancy ... Section 5 of the Calcutta Thika Tenancy Act or the transfer of the suit to the Controller or anything duly done under Section 29. That
Supreme Court was this :
Whether the Controller under The Calcutta Thika Tenancy Act, 1949 , after
the deletion therefrom of Section 29 by the Amendment ... Section 5 of the Calcutta
Thika Tenancy Act or the transfer of the suit to the Controller
or anything duly done under Section 29. That
questions considered by the Supreme Court was this : Whether the Controller under The Calcutta Thika Tenancy Act, 1949 , after the deletion therefrom of Section ... Section 5 of the Calcutta Thika Tenancy Act or the transfer of the suit to the Controller or anything duly done under Section 29 . That
