learned Senior Counsel for the petitioner that 'thika
tenancy', under the Calcutta Thika Tenancy Act, 1949 , envisaged structures being
erected and/or acquired ... thika tenancies are not restricted to
properties having kutcha structure. It is further argued that Section 10A of the
Calcutta Thika Tenancy Act, 1981, conferred
Section 28 of the Calcutta Thika Tenancy Act. The case of the petitioner
therein was for relief under Section 28 when that was in force ... whether his
application under the Thika Tenancy Act that remained undisposed on the date
when the amendment Act came into force would have
quoted below:-
3
"111. Section 21 of the 2001 Thika Tenancy Act provides that no Civil
Court shall have jurisdiction to decide ... determined by the Thika Controller or the
Appellate Authority or other authorities specified under the provisions of the 2001
Thika Tenancy Act . Section 21 makes
Larsen And Toubro Ltd vs Sjvn Thermal (P) Ltd. And Ors on 30 April, 2019
being a thika tenancy, it
does not lie in the mouth of the judgment-debtor to raise the question of thika tenancy at
the belated ... property being a thika
tenancy.
In the absence of such factual evidence as regards the suit property being a thika
tenancy, the basis is absent
original thika tenant in respect thereof and after promulgamation of
the Calcutta Thika Tenancy (Acquisition & Regulation) Act, 1981 , became
direct tenants under the Government ... thika tenants in respect of the
disputed property.
6. In view of Section 27 of the West Bengal Thika Tenancy (Acquisition &
Regulation) Act
Cases 487, the Apex Court was considering
the provisions of Calcutta Thika Tenancy Act, 1949 in the context of registered
lease deed dated 26th September
described as Thika land.
Admittedly, all issues relating to a thika land are covered
under the West Bengal Thika (Acquisition & Regulation) Act ... plaint cannot be rejected.
This court finds that the Thika Tenancy Act, 2001, as
amended, is a complete Code to determine the rights
tenant under the Thika
Controller as the suit property vested long ago to the State
under the provisions of Thika Tenancy Act .
While making this ... thika tenancy, materials
disclosed in the revisional application show that it is yet to
be adjudicated by a competent authority under the Thika
Tenancy Act
other hand, submits that Section 10 (1) of the Calcutta Thika
Tenancy Act, 1949 provided that, notwithstanding anything to the
contrary contained in any contract ... surrender took place after
cessation of the operation of the Calcutta Thika Tenancy Act,
1949 . As such, in view of the question being subject
