Nirendra Krishna Mitra, J. - (1.) This civil order is directed against the judgment end order No. 106 dated 14th June, 1984 passed by the learned Munsif, 1st Court at Sealdah ia Misc. Case No. 141 of 1982.
(2.) The case as made out by the petitioner in the Revisions Application inter alia, is that the petitioner instituted Title Suit No. 401 of 1970 in the 1st Court of the learned Munsif at Sealdah against the opposite party for its eviction from apiece of land with structures at 22, Birpara Lane, P. S Chitpur, which the opposite party had takes lease for a period of 10 years commencing from 1st January, 1958, at a rental of Rs. 105/- per month, besides the municipal taxes payable fey the holding, and the deed of lease )as registered on 8th October, 1958. It was inter alia, stipulated in the said lease, that the opposite party could raise structures on the land for their enjoyment and the structures so erected would have to be removed within a fortnight from the determination of the lease, failing which, the structures would vest in the landlord and would become a part and parcel of the property demised. Since the opposite party failed to deliver up possession of the disputed, holding on the expiry of December 1967 In despite of the written notice given to the opposite party, the structures vested in the landlord/petitioner
(3.) The opposite party contested the suit by filing written statement, denying and disputing the allegation* made in the plaint and also raising Inter alia, the plea that the opposite party was a thika tenant and that the suit was barred under the provisions of the Calcutta Thika Tenancy Act ; that the structures constructed on the disputed land belonged to the opposite party ; that the lease did rot expire by efflux of time ; that the opposite party had paid rent upto October 1970 and thereafter the same was being deposited in Court ; the tenancy of the opposite party had not been determined and even if it was determined, there was creation of a new tenancy by subsequent acceptance of rent.;