- (1.) The second appeal has been preferred against concurrent findings holding that the suit was not maintainable before a civil court in view of Section 21 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 read with Section 8(3) thereof.
(2.) The Act of 2001 covers thika tenancies in the State and appears to be the repository of the law on thika tenancies all over the State.
(3.) There is no dispute that the appellants herein are thika tenants and municipal rates and taxes deposited with the corporation by the appellants are on the basis that the appellants are thika tenants in respect of the suit land. There are structures which have been constructed on the thika land and tenants have been inducted thereat. Such tenants are known, in accordance with the thika tenancy laws down the ages, as bharatias. The suit here was admittedly instituted by a thika tenant for the eviction of a bharatia on the ground that the tenancy was for residential purpose, but the bharatia, who owns several other properties, uses the tenanted structure as a godown and not for residential purpose.;