TILAK PAKHIRA Vs. SATISH CHANDRA PRADHAN
HIGH COURT OF CALCUTTA
SATISH CHANDRA PRADHAN
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P.N.Mookerjee, J. -
(1.) This Rule was obtained by the petitioner tenant against a concurrent decision of the two courts below, allowing, in substance, the opposite party No. 1's application for evicting the petitioner from the disputed land.
(2.) The application was made under Section 5 of the Calcutta Thika Tenancy Act upon the allegation inter alia that the petitioner was a thika tenant under the said Act in respect of the disputed property under the opposite party.
(3.) In allowing the opposite party's application, the courts below have con-currently held that the petitioner's objection or defence to the opposite party's prayer on the ground that he was not a thika tenant under the Calcutta Thika Tenancy Act but had an agricultural tenancy, which entitled him to protection under the Bengal Tenancy Act, could not be accepted. They have concurrently found that the petitioner's tenancy was not an agricultural tenancy so as to attract the operation of the Bengal Tenancy Act That finding appears to have been arrived at on a consideration of the evidence before the courts below and, in revision, it is not possible to interfere with the said concurrent finding. Upon that ground alone, therefore, the instant Rule would fail and may be discharged.;
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