Decided on November 15,1976

Ananta Lal Datta Appellant
Ramdulari Kurmi Respondents

Referred Judgements :-



S.K. Datta, J. - (1.)These Rules are directed against the appellate orders passed by the Court of Small Causes, Calcutta, in thika tenancy appeals affirming the order of the Thika Controller dated July 21, 1970, August 6, 1970 and November 4, 1970. By the first order, the Thika Controller allowed the application of the thika tenant under Sec. 7A of the Calcutta Thika Tenancy Act as amended. The Controller directed the tenant to deposit a sum of Rs. 770 and costs within a period of 60 days from the date of the order. Thereafter, on August 6, 1970, the Thika Controller passed an order correcting the amount to Rs. 3,410 in place of Rs. 770 as specified in the earlier" order. The deposits were duly made. Another order was passed on November 4, 1970, whereby the order for recovery of possession passed by the Thika Controller on an application under Sec. 5 of the Act was set aside. These orders were affirmed on appeals therefrom. The Rules are against the orders as already stated.
(2.)The relevant facts are as follows : The landlord filed an application under Sec. 5 of the Calcutta Thika Tenancy Act, 1949, on the ground of building and rebuilding and default. The ground for default was subsequently abandoned and by order dated August 24, 1957, the application under Sec. 5 was allowed on ground of building and rebuilding. Thereafter, the Thika Controller determined the amount of compensation payable and the compensation was deposited by the landlord. As the tenant did not vacate, the order was put into execution on June 7, 1965, but the bailiff, as he went to the locale for delivery of possession, was resisted. On the application of the landlord the order was passed on September 26, 1966, for Police help and costs were deposited. It appears that the tenant preferred an appeal against the order allowing Police help. The appeal was allowed on March 18, 1967 and the Thika Controller was directed to make necessary investigation under Order XXI Rule 97 of the Code in presence of parties. This proceeding was pending on August 26, 1967.
(3.)The Government of West Bengal in the meantime took a decision to amend the Calcutta Thika Tenancy Act, 1949, as the provisions thereof were considered inadequate to protect the interest of the thika tenants. With a view to further restrict the eviction of thika tenants and conferring more rights on such tenants, the Government considered it necessary to undertake comprehensive legislation, but pending its finalisation interim legislation to stay all proceedings for ejectment of thika tenants was necessary. The Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Ordinance, 1967, was, accordingly, promulgated on August 26, 1967, staying execution of orders of eviction of the thika tenants. The provisions of this Ordnance, which were to expire on January 9, 1968, were continued by promulgation of the Second Ordinance (I of 1968) on January 8, 1968. Consequent on the in position of the President's Rule in the State, the provisions of the Ordinance were re -enacted in the Calcutta Thika Tenancy Stay of Proceedings (Temporary Proceedings) Act (President's Act III of 1968) staying eviction proceedings from August 26, 1967, upto and inclusive of September 25, 1968. As the comprehensive amendment was not till then finalised, it was considered necessary to continue the interim protection and stay of execution for further period. Accordingly, by President's Act XXV of 1968, the life of the President's Act III of 1968 was extended by six months, i.e. till and inclusive of March 25, 1969. Thereafter, by West Bengal Act III of 1968, the stay of all proceedings for ejectment of thika tenants pending on the date of commencement of the Act, i.e. March 26, 1969, was continued till March 25, 1970.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.