Judgment

Sudhansu Jyoti Mukhopadhaya, J.

1. Leave granted. The Appellants have preferred this appeal against judgment dated 10th March, 2014 passed by the Division Bench of High Court of Calcutta in W.P.L.R.T. No. 325 of 2013. By the impugned judgment, the High Court allowed the writ petition filed by the Respondent Nos. 1 and 2 and set aside the order dated 18th November, 2013 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the, 'Tribunal') in O.A. No. 2833/12 (LRTT).

2. The factual matrix of the case is as follows:

2.1 One Laxmi Narayan Ghosh was the owner of the land involved herein measuring 2 Bigha, 10 Cottahs and 3 Chhitacks, more or less, being Holding No. 195, Picnic Garden, Tiljala. The said Laxmi Narayan Ghosh died intestate on or about 23rd July, 1950 leaving behind his widow Smt. Nilu Bala Ghosh and his son Jitendra Nath Ghosh.

2.2 On 7th December, 1970, Smt. Nilu Bala Ghosh died intestate and Jitendra Nath Ghosh, thereafter, became the absolute owner of the said property. The said Jitendra Nath Ghosh by a registered Deed of Lease dated 15th December 1973, demised the said premises to Badri Narayan Kumar (since deceased) and Nemai Chandra Kumar (Appellant No. 1 herein)-the proprietors of Kumar industries, for a period of 20 years commencing from 1st December, 1973 for a consideration and/or monthly rent as mentioned in the said lease deed. By the said lease deed, the lessees were given the right to raise construction on said property and to use and enjoy such property during the tenure of the lease with a condition that on expiry of the lease on 30th November, 1993 the lessees will have to deliver vacant and peaceful possession of the said property to the lessor in the same condition as it was at the time of execution of lease, by removing the structure which would be constructed thereon. It was submitted that the lessees raised pucca structure having pucca foundation, pucca floor and pucca wall with partly tin and partly tile shed on the roof and used the said premises including the structure constructed therein for running its factory activities therein.

2.3. In the meantime, the Calcutta Thika and Other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (hereinafter referred to as the, 1981 Act') came into force with effect from 18th January, 1982.

2.4 Immediately, after the said Act came into operation, the said Jitendra Nath Ghosh (Lessor) filed an application Under Article 226of the Constitution of India before the High Court of Calcutta challenging the vires of the said Act. The said writ petition which was numbered as C.R. No. 10449 (W) of 1983 was entertained by the High Court by issuance of a writ of mandamus in terms of prayers of the said writ petition. An interim order was passed therein staying the operation of the provisions of the 1981 Act as well as Rules framed thereunder in so far as the premises were concerned.

2.5 In the meantime, West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereinafter referred to as the, 2001 Act') came into force.

2.6 The lessees paid rent to the then landlord up to 1993 and they never claimed themselves as thika tenant under their landlord till 9th April, 2003. It was only after the 2001 Act came into operation, the said lessees submitted a return before the Controller, Kolkata Thika Tenancy claiming themselves as thika tenants in respect of the said premises and deposited rent with interest for the period from 18th January, 1982 till 2007. The Controller, Kolkata Thika Tenancy vide order dated 27th January, 2010 declared both Badri Narayan Kumar (since deceased) and Nemai Chandra Kumar (Appellant No. 1) as Thika Tenants in terms of Section 2(14) of the 2001 Act. By another order dated 29th April, 2010, the said authority recorded the death of Badri Narayan Kumar and substituted his legal heirs as thika tenants.

2.7 Respondent Nos. 1 and 2-writ Petitioners are the transferees of the said premises from the erstwhile