Decided on November 19,1976



- (1.)THESE Rules are directed against 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 section 7a of the Calcutta Thika Tenancy Act as amended. The Controller directed the tenant to deposit a sum of Rs. 770/- and cost 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. 3410/- in pace of Rs. 770/- as specified in the earlier order. The deposits were duly made. Another order was passed on 4th November, 1970 whereby the order for recovery of possession passed by the Thika Controller on an application under section 5 of the Act was set aside. These orders were affirmed on appeals there from. The Rules are against the orders as already stated.
(2.)THE relevant facts are as follows. The landlord filed an application under section 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 section 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 7th June 1965 but the bailiff, as he went to the local 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 21 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 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 finalization, 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 Ordinance, which were to expire on January 9, 1968, were continued by promulgation of the Second Ordinance (1of 1968) on January 8, 1968. Consequent on the imposition of the President's Rule in the State, the provisions of the Ordinance were reenacted in the Calcutta Thika Tenancy Stay of Proceedings (Temporary proceedings) Act (President's Act, 3 of 1968), staying eviction proceedings from August 26, 1967 up to and inclusive of September 25, 1968. As the comprehensive amendment was not till then finalized, it was considered necessary to continue the interim protection and stay of execution for further period. Accordingly by President's Act 25 of 1968, the life of the President's Act 3 of 1968 was extended by six months i. e. till and inclusive of March 25, 1969. Thereafter by West Bengal Act III of 1969, the stay of all proceedings for ejectment of thika tenants pending on the date of commencement of the Act i. e. 26th March, 1969 was continued till March 25, 1970.

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