Calcutta Thika Tenancy (Amendment) Ordinance,
1952 (West Bengal Ordinance No. XV of 152).
HEADNOTE:
The Calcutta Thika Tenancy Act, 1949 , came into force before ... pending in the High
Court the Calcutta Thika Tenancy Ordinance, 1952, and the
Calcutta Thika Tenancy (Amendment) Act, 1953 , came into
force. The 1053 Amendment
Calcutta Thika
Tenancy (Amendment) Ordinance, 1952, ceasing to operate:
Provided that the provisions of the Calcutta Thika Tenancy
Act, 1949 , as amended by this Act ... commencement of
the Calcutta Thika Tenancy (Amendment) Ordinance, 1952, the
position which cannot be escaped is that the Thika Tenancy
Act of 1949 without
ACT:
Thika tenant-Decree for ejectment-Execution application-If
lies in civil Court-Welfaye legislation- Interpretation-
Calcutta Thika Tenancy Act ... Thika Tenancy
(Amendment) Act, 1953 (West Bengal VI of 1953). This Act
came into force immediately on the Calcutta Thika Tenancy
(Amendment) Ordinance, 1952 (West
ejectment would have been made agianst the thika tenant even if the Calcutta thika Tenancy (Second Amendment) Act, 1969, had been in force ... ejectment would have been against the thika tenant if the Calcutta thika Tenancy (Second Amendment) Act, 1969, had been in force on the date
dealt with by the Act it would
still be the Transfer of Property Act which would apply,
for, the Thika Tenancy Act ... aspects of Thika Tenancy. It does not
provide for the rights and liabilities of the lessor and
lessee in a Thika tenancy and therefore
Section 5 in Calcutta Thika Tenancy Act 1949
5. Proceedings for ejectment.
(1) Notwithstanding anything contained in any other law for the time being ... force, a landlord wishing to eject a thika tenant on one or more of the grounds specified in section 3 shall apply in the prescribed
Section 3 in Calcutta Thika Tenancy Act 1949
3. [ Grounds on which a thika tenant may be ejected.(1) Not withstanding anything contained
Section 4 in Calcutta Thika Tenancy Act 1949
4. Notice before ejectment.
It shall not be competent for a landlord to eject any thika tenant ... month of the tenancy; and (b) in the case where he wishes to eject the thika tenant on [the ground specified in clause
Section 29 in Calcutta Thika Tenancy Act 1949
29. Application of Act to pending suits and proceedings.
[ xxx ] [Section 29 omitted by ibid
existing state of law governing the thika tenancy is to be found in the Calcutta Thika Tenancy Act, 1949 . The Preamble of the said ... expression "thika tenancy" had imported a concept of temporariness. Even after the 1969 Amendment of the Calcutta Thika Tenancy Act, 1949 , the Division
