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IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya, Uday Kumar
Hindustan Petroleum Corporation Limited – Appellant
Versus
Santanu Mullick, Executor – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred against the judgment and decree passed in C.S. 245 of 1995 which was instituted by the plaintiffs/respondents herein for specific performance of contract and in the alternative for vacant and peaceful possession of the suit premises at 3D, Camac Street, Kolkata and for mesne profits.
2. The claim for specific performance was given up by the plaintiffs/respondents. The suit was ultimately decreed, thereby directing eviction of the defendants/appellants as well as mesne profits.
3. Learned senior counsel for the appellant argues that the Civil Court did not have jurisdiction to decide the issue as to whether the suit property was a Thika land and whether the jural relationship between the parties was that of Thika tenant and Bharatia as well as to decide the suit for eviction of Bharatia.
4. Learned senior counsel further contends that at the juncture when the impugned judgment was passed, the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereinafter referred to as “the 2001 Act”) had come into force.
5. Under Section 5(3) thereof, as amended with effect from November 1, 2010 by the Amendme
The jurisdiction of Civil Courts regarding Thika tenancy matters is preserved for suits filed under the prior 1981 Act despite the enactment of the West Bengal Thika Tenancy Act, 2001.
The Thika Tenancy Act bars Civil Court jurisdiction over tenant disputes; however, eviction suits against trespassers are maintainable.
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....
(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 lease deed dated 03.05.2002 is void as it contravenes the Thika Tenancy Act, prohibiting transfer to non-co-sharers, and the Civil Court lacks jurisdiction in such matters.
The main legal point established in the judgment is that the West Bengal Land Reforms and Tenancy Tribunal had exclusive jurisdiction to entertain disputes touching the provisions of a 'specified Act....
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