Tarun Kumar Gupta, J.

C.A.N. No. 10265 of 2011

1. This is an application filed by the appellant/tenant praying for stay of this Second Appeal till disposal of Misc. Case No. 26 of 2010 pending before the Thika Controller, Kolkata. It is further case that in terms of the Kolkata Thika Tenancy (Acquisition and Regulation) Act, 1981 the interest of the respondent landlord vested to the State and the petitioner became direct tenant under the State and started to pay monthly rent to the State Government since August, 1982 after stopping any such payment to the respondent erstwhile landlord. It is further case that respondent filed a suit on and about 6th December, 1999 against the present appellant with a prayer for a decree of recovery of vacant khas possession, arrear rent, mesne profit etc. in respect of the land which was leased out during the year 1969 and the lease period expired long back. During pendency of the suit the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 came into force with effect from 1st of March, 2003. In terms of said Act of 200l Thika Controller had the power to decide any question as to whether a person is a thika tenant or not Vide S