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IN THE HIGH COURT AT CALCUTTA
DINESH KUMAR SHARMA
Manik Das – Appellant
Versus
Promila Das – Respondent
JUDGMENT :
DINESH KUMAR SHARMA, J.
1. Present petition has been filed challenging the order dated March 15, 2022 passed by Learned Second Judge City Civil Court at Calcutta in Misc. Case No. 597 of 2020 (arising out of Title Execution Case No. 53 of 2011), whereby the Learned Trial Court while deciding an application of the opposite party under Order 21 Rule 101 and 104 read with Section 47 and Section 151 of the CPC set aside the ex parte judgment and decree passed by the Court in Title Suit No. 1897 of 2003 as having been passed without jurisdiction and further directed to restore back possession to the petitioners of the suit property.
2. Briefly stated the facts as emerged are that initially a Title Suit No. 1897 of 2003 was filed by the petitioner herein against amongst others, the deceased father of the opposite party no. 2 and 3, namely, Rup Chandra Rajak Alias Das, inter alia, praying for a decree of declaration and recovery of Khas possession of the suit property in the premises no.B12/1/H/5 Ram Chand Ghosh Lane, Police Station- Burtolla, Kolkata- 700006. The said suit was decreed ex parte by judgment and decree dated June 9, 2011. An application was filed under Order 9 Rul
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 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 court held that expired leases do not create continuing tenancies without mutual consent, rejecting claims based on former rental agreements and emphasizing statutory authority for tenure determi....
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.
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.
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