NAGENDRA LAL SAHA Vs. AJIT KUMAR BAISYA SAHA
HIGH COURT OF CALCUTTA
Nagendra Lal Saha
Ajit Kumar Baisya Saha
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Chittatosh Mookerjee, J. -
(1.)Ajit Kumar Baisya Saha, opposite party No. 1 in the present Rule, had commenced a proceeding for ejectment from the disputed property against the opposite parties Nos. 4 and 5 under the Calcutta Thika Tenancy Act, 1949. The learned Thika Controller by consent of parties allowed the said application of opposite party No. 1.
(2.)The present Petitioner claims to be a bharatiya of the structures in question under the opposite parties Nos. 4 and 5 and he claims that by operation of Sec. 10 of the Calcutta Thika Tenancy Act, 1949, notwithstanding the above determination of the interest of the opposite parties Nos. 4 and 5, he was entitled to continue in possession and must be deemed to be a tenant in respect of the structures under the opposite party No. 1. The Petitioner, by an application before the learned Munsif Court at Alipore, who was also the Thika Controller, prayed for declaring his above status. The present opposite party No. 1 raised a preliminary objection to the maintainability of the said application filed by the Petitioner. The learned Munsif, acting as the Thika Controller, held the said application to be maintainable and proposed to give opportunity to the Applicant to prove his case by evidence. The opposite party No. 1 being aggrieved by the said order preferred am appeal. The learned Additional District Judge, Sixth Court, Alipore, has allowed the said appeal and has set aside the order of the learned Thika Controller. He has ordered that the application in question for determination of the Applicant's status as bharatia be rejected. Thereafter, the Petitioner obtained the present Rule.
(3.)Sec. 2(1) of the Calcutta Thika Tenancy Act defines bharatia as any person by whom, or on whose account, rent is payable for any structure or part of a structure erected by a thika tenant in his holding.
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