SANAT KUMAR GANGULY Vs. SK GULFAN
HIGH COURT OF CALCUTTA
SANAT KUMAR GANGULY
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(1.) THIS is an appeal from the judgment and decree of G. K. Mitter, J. dismissing the plaintiff's suit for ejectment on the ground that this Court has no jurisdiction to entertain the suit because of the provisions of the Calcutta Thika Tenancy Act, 1949. The only defence taken in the suit was that the calcutta Thika Tenancy Act, 1949, applied to the land in suit and, therefore, the suit in this Court was incompetent and the learned trial Judge held in favour of the defendant.
(2.) THE premises concerned are 12, Haldar Lane, Calcutta. The appellant's case is that the land comprised in the said premises 12, Haldar Lane, was included in Scheme LIU of the Calcutta Improvement Trust (Chittaranjan Avenue to Wellington Street) and was assessed for payment of compulsory betterment fee payable under section 78a of the Calcutta Improvement Act, 1911, and as such the land was required for carrying out the provisions of the Calcutta Improvement Act, 1911. The appellant, therefore, pleaded that the Calcutta Thika Tenancy Act, 1949, had no application to the land in suit. Section 30 of the Calcutta Thika Tenancy Act provides as follows:
"nothing in this Act shall apply to- (a) Government lands: (b) any land vested in or in the possession of- (i) the State Government; (ii) a port authority of a major port; or (iii) a railway administration or (iv) a local authority, or (c) any land which is required for carrying out any of the provisions of the Calcutta Improvement Act, 1911. "
(3.) THE only question in this appeal is whether a land within a scheme of the Calcutta Improvement Trust required to pay "betterment fee" is a land "required for carrying out any of the provisions of the Calcutta Improvement Act, 1911," within the meaning of section 30 (c) of the Calcutta Thika Tenancy Act, 1949. There is no other point involved. The point is a point of law and of construction of the Calcutta Thika Tenancy Act and the Calcutta Improvement Act, 1911. Some evidence was taken but it is immaterial for purposes of this appeal.;
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