Chittatosh Mookerjee, J. - (1.) On 15th August, 1962 the petitioner had filed an application under section 5 of the Calcutta Thika Tenancy Act, 1949 before the Thika Controller, Calcutta, for eviction of the respondents 5 to 8 on the ground that the required more or leas 2 cottahs 4 chittaks of land in Holding No. 2, Panditia Road. P.S. Ballygunge for the purpose of building on the laid land with the object of developing the land by discontinuing letting to respondents 5 to 8 who were thika tenants. the said application was registered as Thika Case No. 150 of 1962. The respondents 5 to 8 had been contesting the said case.
(2.) While the said case was pending, the West Bengal Legislature enacted the Calcutta Thika Tenancy (2nd Amendment) Act, 1969 (West Bengal Act 29 of 1969). The said Act made a number of changes in the Calcutta Thika Tenancy Act, 1949. Section 3 of the Principal Act was deleted and a new section 3 was inserted. Under the said substituted section 3, a thika tenant, subject to other provisions of the Act, was liable to ejectment from his holding on one or more of the grounds act of therein : The said grounds are set out below - (i) on the ground that he has used the land comprised in his holding in a manner which renders it unfit for any of the purposes mentioned in clause (5) of section 2 of the Act; (ii) except during any period limited by a registered lease under which a thika tenant may hold the land comprised in the holding and subject to the provisions of sub sections (2), (3) and (4), on the ground that the land is required by the landlord for his own occupation; (iii) when lies holds the land comprised in the holding under a registered lease for a purpose other than a residential purpose, on the ground that the term of the lease hat expired. Under sub-section (2) of section 3 no landlord shall be deemed to require the land comprised in the thika tenant's holding for his own occupation if he has a house of hit own in the city is which such land is situated and the accommodation available in such house it, in the opinion of the Controller, reasonably sufficient for him and his family. Sub-section (3)of section 3 specified the circumstances under which an order for partial eviction of a thika tenant may be made. According to sub-section (4) of section 3, a thika tenant who has erected or acquired pucca structure for a residential purpose on the land comprised in his holding, no order for ejectment shall be made against him except in respect of such part of such land as does not appertain to the pucca structure.
(3.) Section 13 of the West Bengal Act 29 of 1969 provided that the said amendments to the Thika Tenancy Act shall have effect in respect of all applications for ejectment of thika tenants and ail appeals from orders made on such applications under the provisions of the said Act which were pending at the commencement of the said amending Act.;