- (1.) In this appeal, by special leave, against the judgment of the High Court of Calcutta in appeal from Appellate Decree No. 77 of 1966 dated 7-10-1977, the appellant is the tenant of the land in dispute. The respondents are the heirs of the original landlord (hereinafter referred to as "the landlord"). The land in dispute was leased out by the owners to one Netai Maity. It appears he raised structures thereon. After his death his son succeeded as the tenant. The said son died and his wife and son Defendants 1 and 2 transferred the rights of tenancy inherited by them in favour of Defendant 3 under a registered sale deed of 5-4-1943. The successors-in-interest of the landlord the respondents filed the suit for ejection of Defendants 1 to 3 from the land in dispute. The case went through several vicissitudes after the trial court decreed the suit. Ultimately the decree of the trial court was confirmed by the first appellate court as well as by the High Court in second appeal by the impugned order.
(2.) Mr N. R. Choudhary, learned counsel for the appellant contended that the courts below have misinterpreted the documents and arrived at an erroneous conclusion that the appellant is not a "thika tenant" under the calcutta Thika Tenancy Act, 1949 (in short "the Act").
(3.) It may be pointed out that the question whether the appellant is a "Thika tenant" within the meaning of the said Act has been concurrently found by all the three courts below against the appellant. Inasmuch as the question revolves around the interpretation of the definition of "thika tenant" contained in Section 2 (5) of the Act, it would be useful to refer to it here. It reads as follows: "2.(5) 'Thika tenant' means any person who holds, whether under a written lease or otherwise, land under another person, and is or but for a special contract would be liable to pay rent, at a monthly or at any other periodical rate, for that land to that another person and has erected or acquired by purchase or gift any structure on such land for a residential, manufacturing or business purpose and includes the successors-in-interest of such person. . ";