- (1.) The judgment of the Court was as follows: THE plaintiff filed a suit for eviction against the defendant on termination of his licence. THE defendant is contesting the said suit by filing written statement. In such a suit, the defendant filed an application challenging the jurisdiction of the learned Trial Judge to try the instant suit after the promulgation of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. (Acquisition and Regulation) Act, 2001.
(2.) The learned Trial Judge rejected the defendant's said application by holding inter alia that the suit for eviction of a licensee is neither hit by Section 8 sub-section (3) nor hit by Section 21 of the said Act. THE learned Trial Judge, thus, held that the suit is very much maintainable before the Civil Court. Accordingly, the petitioner's application was rejected by the learned Trial Judge by the order being No. 45 dated 7th May, 2010. The propriety of the said order is under challenge in this application under Article 227 of the Constitution of India at the instance of the defendant/petitioner. After hearing the learned Advocate for the parties and after considering the materials-on-record, this Court does not find any illegality in the impugned order as it is rightly held by the learned Trial Judge that the suit for eviction of a licensee by the licensor is not hit either under Section 8 sub-section (3) or under Section 21 of the said Act, as both the aforesaid provisions created a bar in maintaining a suit between the thika tenant and bharatia before the Civil Court without reference to the suit for eviction of a licensee by the licensor. As such, the present suit, in my view, is maintainable before the Civil Court.
(3.) The revisional application, thus, stands rejected. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocate for both parties as early as possible.;