before this Court the judgment debtor
came up with a plea of thika tenancy to resist a decree which has
since affirmed and has attained ... earlier
proceedings a plea was not taken that the defendant is a thika
tenant but having regard to the provisions of the West Bengal
impugned order appears to be the
identification of land by the Thika Controller as a thika tenanted
property. In my view, the municipal commissioner ... basis of the identification of the land made by the
thika controller in deciding the matter.
However, one issue needs to be decided
order passed by the Collector under Section 6 of the West Bengal
Thika Tenancy (Acquisition and Regulation) Act, 2001 (in short ... writ petitioner
and the then owner of the subject property filed Thika Tenancy case no.3-D
of 1962 for eviction of Thika Tenant Oriental
Salkia,
District- Howrah-711106 since 1964. The applicant claims to be a thika tenant
in respect of the land measuring about 14 Cottahs 10 Chittaks ... rent per month from the said
applicant showing the applicant as a thika tenant. The applicant raised
substantial structure thereto with the consent and knowledge
said suit, the defendants
apparently taking advantage of the West Bengal Thika
Tenancy Act, 2001 filed an application under Order 7 Rule
11 read with ... ground that in terms of
Section 8(3) of the West Bengal Thika Tenancy Act, 2001,
such civil suit is not maintainable. It was urged
Calcutta to
decide the suit for recovery of possession filed by a thika tenant against the bharatia before the
Small Causes Court at Calcutta ... revisional application in view of the apparent magnitude in the
West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001.
It appears that certain issues were
between Section 8(1) and Section 8(3) of the West Bengal Thika Tenancy Laws. It is
submitted that under the scheme ... been taken away. The Act contemplates a eviction proceeding initiated by a
thika tenant against bharatia. He refers to the preamble of the said statute
execution application is
that the applicants are bharatiyas under 13/14 thika tenants.
The applicants never dispute that the decree-holder has become
the owner ... respect of the property by 13/14 persons whom
they described as thika tenants in their counter-affidavit filed before
the Hon'ble Supreme
vacant land and as such, the said property becomes a
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thika tenanted property and accordingly this Court has no jurisdiction to
entertain the said ... failed to take note of the 1949 Act and the definition of thika tenant under the
said Act.
The lease was executed in the year
certificate issued by the Kolkata Municipal
Corporation recording that the applicants are thika tenants. The said
applicants have also annexed a document from the office ... Kolkata Thika
Controller to show that the applicants have been recorded as thika tenants. The
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mutation certificate as well as the certificate
