- (1.) The writ petitioners have challenged a memo No. AG/336/99-2000 dated 15.2.2000 being Annexure 'G' to the writ petition issued by the Deputy Assessor-Collector (South), Calcutta Municipal Corporation hereinafter referred to as C.M.C. The relevant portion of the letter is as follows : Re. 62A. Alipore Road, Ward-74 Sir, From letter of C.T.T. dated 27.12.99 it is understood that the above mentioned premises is Thika Tenanted and vested with the State of West Bengal. Under the circumstances, you are, hereby requested to attend a hearing in the chamber of A-C, (S) Assessment- Collection (S) Deptt. 5, S.N. Banerjee Road on 14.3.2000 at 2.00 p.m. with all relevant papers in respect of the mutation granted in your favour."
(2.) Mr. Saktinath Mukherji appearing along with Mr. Amiya Narayan Mukherjee reiterating the facts in the writ petition submitted that the Officer of the C.M.C. had no authority to decide the title of the petitioners. During 1992 the writ petitioner purchased the ownership of the said property. The C.M.C. in the instant plot had mutated the names and now the question of the issue of Thika Tenancy does not arise at all. It was submitted that premises No. 62 (now renumbered as premises No. 62A) Alipore Road, Calcutta, belonged to one Maulavi Maruful Huq. One Ramdas Das was a lessee in respect of the said properrty by virtue of a registered deed of Kabuliyat of the year 1910 and thereafter two other deeds were executed between the owner and Ramdas Das in 1913 and 1916. There were subsequent transfers of the interest of Ramdas Das and ultimately one Balahari Mondal Purchased the lease hold interest of Ramdas Das. In the Registered Kabuliyat dated 29th October. 1913 it has been stated and recorded as follows: "Land measuring previously 6 Bighas 17 Cottahs and according to recent survey 7 Bighas 14 Cottahs 10 Chittacks 25 sq. ft. together with building etc. formed the properties. It was further recorded that "I will pay the same as well as the amounts payable for the lands and Jamas and Houses of the tenants on those lands who have vacated or who are there but will vacate hereafter......"
(3.) So it was submitted that the premises leased out in favour of Ramdas Das included structures and accordingly the lease hold interest of Ramdas Das or his transferees could not come to be governed by the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 hereinafter referred to the Thika Tenancy Act, 1981 but would be governed either by the West Bengal Premises Tenancy Act, 1956 or the Transfer of Property Act depending upon the period of the lease as indicated in Section 3 of the West Bengal Premises Tenancy Act, 1956. Reliance was placed on the decisions of Mrs. Saunders v. Land Corporation of Bengal reported in AIR 1955 Cal 169 and Santilata De v. Saraju Bala Devi reported in 60 CWN 642 in support of the proposition that the lease of land with structures would not be governed by the Calcutta Thika Tenancy Act.;