Indira Devi Rajak vs Thika Controller & Ors. on 6 July, 1999
Equivalent citations: (2000)1CALLT588 ... ground that an alternative remedy under section 13 of the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981, was available
74CWN109, AIR 1969 CALCUTTA 360
ORDER
Bijayesh Mukherji, J.
1. The two thika tenants, Basant Pandcy and Kanai Pandcy, sons of late Ishwar Pandey, have ... been directed under Section 3, Clauses (iv) and (v), of the Calcutta Thika Tenancy Act, 2 of 1949. Clause (iv) makes a thika tenant liable
learned Trial Court has not considered (1) Section 21 of West Bengal Thika
Tenancy Act, 2001, wherein the Civil Court's jurisdiction is ousted ... that the said deed was challenged on the ground of
thika tenancy right and as such the issues involved in the suit was in regard
defined in Section 2(r) of the 1997
Act. The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
(in short the '2001 Thika ... said premises does not come within the purview of the
2001 Thika Act and does not stand vested in the State of West Bengal either
subsequent to
the development agreement, he learnt that the property was a thika tenancy and hence could not be
transferred due to the bar under ... Section 5 (4) of the West Bengal Thika Tenancy (Acquisition and
Regulation) Act, 2001. As such, the consumer forum proceeding was not maintainable. This apart
party
no.1 did not claim that the suit property is a thika property and, thus, a
civil suit would not lie in terms ... provisions contained in the West
Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereafter the
Thika Act).
3. It was only during pendency
whether in view of Section 8(3) of the West Bengal Thika Tenancy (Acquisition and
Regulation) Act, 2001 (hereinafter referred ... jurisdiction to entertain an ejectment suit at the instance of a thika tenant against a bharatia.
The brief facts of the case which
Parganas dismissing summarily an appeal under Section 27(1), Calcutta Thika Tenancy Article 1949, from an order of the Controller, Sealdah.
la. The petitioner landlord ... hearing of the suit was stayed when the Thika Tenancy Ordinance came into force on 26-10-48. After the Thika Tenancy
plaintiff is
barred by virtue of Section 21 of the West
Bengal Thika Tenancy (Acquisition and
Regulation) Act, 2001 (hereinafter referred ... Section 5 of the said Act can only be decided by
the Thika Controller appointed under the said
Act, therefore, according to him the learned
said suit and took the plea that he is a thika tenant in respect
of 1000 sq.ft. suit land. Accordingly, the opposite party filed ... said suit as the opposite party is the thika tenant in respect
of the suit property.
Learned trial court initially by the order
