Possession against tenant-Applica-
tion for relief by tenant-Amendment of Act with
retrospective operation-Effect-Interpretation of Statute-
Principles of construction- Thika Tenancy ... West Bengal
Legislature enacted the Calcutta Thika Tenancy Amendment
Act, 1953 , revising permanently the definition of Thika
tenant and making some, other
CITATION:
1957 AIR 907 1958 SCR 360
ACT:
Thika tenant-Decree for ejectment-Execution application-If
lies in civil Court-Welfaye legislation- Interpretation-
Calcutta ... Thika Tenancy Act, 1949 (W.B. 11 Of 1949), s. 5(1).
HEADNOTE:
Respondent obtained a decree for ejectment against the
appellant, a thika tenant
those Acts. Chapter II Incidents of thika Tenancies
3. [ Grounds on which a thika tenant may be ejected.(1) Not withstanding anything contained ... Rent of thika Tenancies
12. Payment of rent.
Any rent or instalment of rent payable by a thika tenant shall be paid, where there
SCALE (1)844
ACT:
Calcutta Thika Tenancy Act, 1949 : Section 2(5)(b) , Thika
tenant: if stated period of tenancy less than 12 years ... which the Calcutta Thika Tenancy Ordinance, 1948 ceased
to operate. Section 2(5) in Chapter I defined "thika tenant"
as follows
provide the definition of "Thika land" to mean any land comprised in and appurtenant to, tenancy of Thika tenant irrespective of the fact whether there ... have enjoyed earlier; (15) [ "Thika land" means any land comprised in and appurtenant to, tenancies of Thika tenant irrespective of the fact whether there
regulation of the incidents of thika tenancies and of monthly and periodical tenancies and relations between thika tenants and their Bharatias and for planned development ... tenancies of Bharatias in premises on lands comprised in thika tenancies.']] 9. Thika tenants and Bharatias to be governed by West Bengal
Calcutta Thika Tenancy
Act, 1949, under which an application for the ejectment of a
thika tenant could be filed only before the Controller under
that ... instant case, the object of the Thika Tenancy Act to
help thika tenants is writ large in all the material
provisions
property Act-Section 108(a)- S. 2(S)
Calcutta Thika Tenancy Act, 1949-Thika tenant Construction
of a beneficial legislation.
HEADNOTE:
In 1956, the landlord ... Thika tenant under Calcutta Thika Tenant, 1949. The High
Court held that the tenant was a Thika tenant. The
definition of a Thika tenant
system commonly known as "thika", "thika masik utbandi", "thika masik", "thika bastu" or under any other like ... Thika Controller under Section 10(A) , Thika Tenancy Act, 1949. This enabling provision would not have been necessary if the thika tenant had initially
said lessees submitted a return before the
Controller, Kolkata Thika Tenancy claiming themselves as thika
tenants in respect of the said premises and deposited rent ... landlord and tenant in respect of thika tenancy in Calcutta.
“Thika tenant” as defined in Section 2(5) reads as follows:
“2(5) “Thika tenant
