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AJOY KUMAR MUKHERJEE
Sk. Sabbir – Appellant
Versus
Nurjahan Begum – Respondent
JUDGMENT :
(AJOY KUMAR MUKHERJEE, J.)
This review application has been preferred in connection with order dated June 23rd, 2023 passed by this court while disposing C.O. 3396 of 2018. By the impugned order the aforesaid application was allowed thereby the order impugned being order no. 25 dated 04.09.2018 passed by the Court below was set aside.
2. It has been contended by the petitioners that the petitioners are the Thika Tenants in respect of the suit property. The opposite parties/plaintiff no. 1 to 35 herein filed Title Suit no. 147 of 2015 seeking partition of the suit property along with other reliefs. The petitioners of the said application being C.O. 3396 of 2018 appeared in the said suit and filed an application under order XIV rule 1 and 2, challenging maintainability of the suit being barred under the provision of West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001. Plaintiff opposite parties filed written objection and after contested hearing the Trial Court rejected defendants application under order XIV rule 1 and 2 with the observation that the present suit is a suit for partition and as such it is maintainable.
3. Being aggrieved by that order aforesaid Revi
The determination of Thika Tenancy rights must be adjudicated by the Thika Tenancy Tribunal, not a civil court, as per the provisions of the West Bengal Thika Tenancy Act.
The Thika Tenancy Act bars Civil Court jurisdiction over tenant disputes; however, eviction suits against trespassers are maintainable.
(1) Though suit for eviction may not be maintainable against Thika Tenant, but suit against trespasser would not be barred under Thika Tenancy Act – In order to ascertain maintainability of suit Cour....
The executing court must assess a prima facie case, balance of convenience, and risk of irreparable harm before issuing injunctions in execution proceedings, especially when jurisdictional issues, su....
The provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, are not attracted where no tenancy is created and the parties are merely licensees.
Municipal authorities must accurately reflect ownership in records following judicial rulings; failure to act on rightful claims is legally unacceptable.
Proper ownership rights must be acknowledged in municipal records following judicial clarifications on tenancy status.
Waqf property – Thika controller - Waqf Tribunal had no authority to usurp the jurisdiction of the Thika Controller and/or sit in judgment over a decision arrived at by the Controller which has alrea....
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