- (1.) This application is directed against the order dated 22 nd December, 2006 passed in Misc. Appeal No. 285 of 1998 arising out of Case No. H-5 of 1992, rejecting the review application taken out by the petitioner/respondent pursuant to the direction given by this Hon ble Court in its order dated 19.02.2006 in C.O. No. 3906 of 2006.
(2.) The facts of the case are as follows : One Kunja Behari Chowbey (the predecessor-in-interest of the opposite party/appellant) took out a proceeding before the Thika Controller, Howrah being case No. H-5 of 2006, praying for recording his name as thika tenant in the relevant records under Section 6 of Calcutta Thika Tenancy Act, 1981. The learned Thika Controller by order dated 22.12.1992 rejected the said application.
(3.) Being aggrieved by said order, the said Kunja Behari Chowbey filed a Misc. Appeal No. 29 of 1993 before the learned District Judge, Howrah. The appeal was allowed and the matter was remanded to the Thika Controller for fresh adjudication. The Thika Controller again by order dated 22.02.1998 rejected the claim of the said Kunja Behari Chowbey. Another appeal was preferred against the said order being Misc. Appeal No. 285/1998. The appellate court by its judgement and order dated 03.06.2003 reversed the order of the Thika Controller and held him as a thika tenant.;