Sabyasachi Bhattacharyya, J. - (1.) Leave is granted to the petitioner, as per the prayer of learned counsel for the petitioner, to incorporate the certified copy of the first impugned order dated March 26, 2018 in the revisional application and to amend the cause title and the prayer portion of the revisional application to incorporate a challenge against the said order of the court below.
(2.) The present challenge is directed against an order, whereby the petitioner's application under Section 47 of the Code of Civil Procedure was rejected by the executing court. After having lost in the trial court and in the appellate court in a suit for eviction under the West Bengal Premises Tenancy Act, 1997, the judgment-debtor/petitioner took out an application under Section 47 of the Code on the ground that the eviction decree was a nullity, since the civil court did not have jurisdiction to take up the matter.
(3.) The basis of such submission was that the civil court's jurisdiction was barred under Section 21 of the West Bengal (Thika Tenancy Acquisition and Regulation) Act, 2001, since the suit premises was a thika tenancy and, by virtue of Section 8(3) of the said Act of 2001, the eviction suit had to be filed before the thika tenancy controller.;