Pratap Kumar Ray, J.

Heard learned Advocates appearing for the parties.

2. Assailing the judgement and order dated 4th November, 2008 passed in O.A. No. 528 of 2008 (LRTT) with O.A. No. 529 of 2008 (LRTT) by the West Bengal Land Reforms and Tenancy Tribunal, these writ applications has been filed. Those are taken up for hearing analogously.

3. Learned Tribunal below considered different points raised in the original application filed assailing the order passed by Thika Controller determining right of respondent no. 5 herein as a thika tenant and mutation of name of the alleged thika tenant and correction of record of rights accordingly.

4. In the writ application, a positive question has been raised about the jurisdiction of Thika Controller to decide thika tenancy right of any person who allegedly filed the return under the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981. By the said Act of 1981, the Calcutta Thika Tenancy Act, 1941 was repealed. Under the earlier Act of 1941 as well as the Act of 1981, there is no provision for determination of thika tenancy right by adjudicating lis in between the owner and the alleged thika tenant, by