- (1.) This review petition emanates from the judgment of this Court dated February 24, 2015, whereby the appeal filed by the respondents herein (Nemai Chandra Kumar and Others) being Civil Appeal No. 2402 of 2015 was allowed.
(2.) The sole contention on which we are in agreement with the prayer to recall the judgment under consideration is that the judgment concludes that the respondents in review petition were "Thika Tenants" within the meaning of expression "Thika Tenant" under Section 2(5) of the Calcutta Thika Tenancy Act, 1949 (for short, the 1949 Act). Section 2(5) of the 1949 Act reads thus : "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 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 successor in interest of such person, but does not include a person- (a) who holds such land under that another person in perpetuity; or (b) who holds such land under the another person under a registered lease, in which the duration of the lease is expressly stated to be for a period of not less than twelve years; or (c) who holds such land under that another person and uses or occupies such land as a khattal. (emphasis supplied in italics)
(3.) Admittedly, in the present case, the registered lease deed was executed on 15th December, 1973 in favour of Badri Narayan Kumar (since deceased) and Nemai Chandra Kumar (Respondent No.1 herein) for a period of 20 years commencing from 1st December, 1973.;