Thika Tenancy and deciding an
eviction suit between a Thika Tenant and a Bharatia lies exclusively
with the Thika Controller.
27. Both Sections ... appeal centres around the dispute as to Thika Tenancy, the order of the
Thika Controller, which has come in the meantime, would be all-
important
defines a "Thika Tenant" and Section 2(15) ,
"Thika land". The incidents of a thika tenancy arise ... Thika Tenancy Controller
shows that Late Arun Chandra Khanna was the applicant before the
Controller and he mentioned categorically that the Returnee/Thika
Tenant
taken out an application for being declared a thika tenant before the
Thika Controller on September 04, 1982 by filing „A‟ form.
5. However, subsequently ... pale of the definition of „thika
tenancy‟.
26. Insofar as the question of the Thika Tenancy Controller having suo
motu initiated the proceeding is concerned
Thika Controller under the West
Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 .
2. The Thika Controller, by the impugned order, turned down an
application ... whether a person is a thika tenant or not. Hence, prior to the
amendment of 2010, the Thika Controller's scope of
adjudication
taken out an application for being declared a thika tenant before the
Thika Controller on September 04, 1982 by filing „A‟ form.
5. However, subsequently ... pale of the definition of „thika
tenancy‟.
26. Insofar as the question of the Thika Tenancy Controller having suo
motu initiated the proceeding is concerned
Private respondents filed a return before Thika Controller under the
Thika Tenancy Laws. Thika Controller proceeded to decide on such
return and found the private ... respondents to be thika tenants in
respect of the property concerned. Such decision of the Thika
Controller is dated April 15, 2012.
10. No material
Kumars filed Form
A under the 2001 Thika Act with the Thika Controller, claiming to be Thika tenants
in respect of the suit property ... Kumars to be Thika tenants in respect of the suit
premises.
6. Mani Square challenged the order of the Thika Controller before the West
Bengal
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
particular thika tenant, or where there is no thika tenant, in a particular thika
land, shall be decided by the Controller.
(3) Any dispute regarding ... decide the
issues of Thika tenancy or the character of a Thika land and/or eviction
suit between Thika tenants and Bharatia.
50. Such question
particular thika tenant, or where there is no thika tenant, in a particular thika
land, shall be decided by the Controller.
(3) Any dispute regarding ... decide the
issues of Thika tenancy or the character of a Thika land and/or eviction
suit between Thika tenants and Bharatia.
50. Such question
