Jyotirmay Bhattacharya, J.

This writ petition is directed against the judgment and/or order dated 12th June, 2013 passed by the West Bengal Land Reforms and Tenancy Tribunal in Tribunal Application being O.A No. 2337/08 (LRTT) at the instance of the writ petitioners who were the applicants before the Learned Tribunal.

Let us now consider the merit of the instant writ petition in the facts of the present case. Admittedly, Chapala Sundari Devi, the predecessor-in-interest of the writ petitioners was the owner of Premises being No.115A , Rash Behari Avenue, Calcutta. The said Chapala Sundari Devi inducted one Udit Narayan Singh, the predecessor-in-interest of the private respondents in respect of the land comprising in Premises No.115A, Rash Behari Avenue, Calcutta as monthly tenant thereof sometime in 1948. Chapala Sundari Devi died sometime in 1951. During her life-time, rent was realized from the said Udit Narayan Singh by grant of rent receipts describing the said Udit Narayan Singh as “Thika Praja”.

After the death of Chapala Sundari Devi, one of her sons, namely, Paresh Chandra Chakarborty representing himself as “Karta” of Hindu joint family executed a lease agreement on 12th June, 1975 for creating a tenancy in respect of the vacant land lying at Premises No.115A, Rash Behari Avenue, Calcutta in favour of the said Udit Narayan Singh for a period of 15 years with power to construct brick walls and pucca floor for carrying on business therein and also for using a part of it for residential purpose together with the right of induction of tenants. Subsequently, by virtue of a partition deed executed by and between the co-sharers of Paresh Chandra Chakarborty, the said premises was allotted to the share of the other brothers of Pareshbabu, namely, Debesh Chandra Chakraborty and Naresh Chandra Chakraborty. Udit Narayan Singh stopped paying rent to Debeshbabu and Nareshbabu since 1985. In 1989, he filed a return before the Thika Controller, Calcutta claiming himself to be a thika tenant in the said premises and started depositing rent with the Thika Controller. Arrear rent w.e.f. 18th January, 1982 was deposited with the Thika Controller at a time in 1987.

A dispute cropped up between the parties as to the nature of the tenancy of the said Udit Narayan Singh. To be more specific, whether Udit Narayan Singh can be accepted as a thika tenant or not in the said premises was the subject matter of dispute between them.

Udit Narayan Singh claimed his Thika Tenancy Right in the said property by contending that he being an admitted tenant in respect of the land lying in the said property, raised construction thereon on the strength of lease agreement, he should be regarded as thika tenant. Such claim of Udit Narayan Singh was denied by the predecessor-in-interest of the writ petitioners who contended that since Udit Narayan Singh was granted a tenancy in respect of the bare land with right to raise pucca construction, he cannot be regarded as a thika tenant as he raised “pucca” structure i.e., brick built walls with asbestos and tin shed in the said premises.

Proceeding which was initiated before the Thika Controller on the basis of the return submitted by the said Udit Narayan Singh was contested by the predecessor-in-interest of the writ petitioners before the Thika Controller. Udit Narayan Singh submitted the following documents before the Thika Controller to establish his Thika Tenancy Right in the said land:-

(1) Agreement between Sri Paresh Chandra Chakraborty, since deceased and Udit Narayan Singh dated 10th January, 1975.

(2) Rent Receipts of land dated 15th July, 1948, 16th April, 1948, 12th July, 1950, August 1997, 20th January, 1981 & 8th July, 1981 issued by ex-landlords or their predecessor-in-interest.

(3) Copy of C.M.C Municipal Assessment Book dated 18th November, 1987 showing the State represented by Controller, Thika Tenancy as the owner of land and the applicant as owner of the structure.

(4) Copy of the Property Tax Re