SUDHA BANERJEE Vs. STATE OF WEST BENGAL AND OTHERS

JUDGEMENT

(1.) On 15th Aug., 1962 the petitioner had filed an application under section 5 of the Calcutta Thika Tenancy Act, 1949 before the Thika Controller, Calcutta, for eviction of the respondents 5 to 8 on the ground that the required more or leas 2 cottahs 4 chittaks of land in Holding No. 2, Panditia Road. P.S. Ballygunge for the purpose of building on the laid land with the object of developing the land by discontinuing letting to respondents 5 to 8 who were thika tenants. the said application was registered as Thika Case No. 150 of 1962. The respondents 5 to 8 had been contesting the said case.

(2.) While the said case was pending, the West Bengal Legislature enacted the Calcutta Thika Tenancy (2nd Amendment) Act, 1969 (West Bengal Act 29 of 1969). The said Act made a number of changes in the Calcutta Thika Tenancy Act, 1949. Sec. 3 of the Principal Act was deleted and a new section 3 was inserted. Under the said substituted section 3, a thika tenant, subject to other provisions of the Act, was liable to ejectment from his holding on one or more of the grounds act of therein :

(3.) Sec. 13 of the West Bengal Act 29 of 1969 provided that the said amendments to the Thika Tenancy Act shall have effect in respect of all applications for ejectment of thika tenants and ail appeals from orders made on such applications under the provisions of the said Act which were pending at the commencement of the said amending Act.