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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Ambe Plywoods Pvt. Ltd. – Appellant
Versus
Office of the Controller, Kolkata Thika Tenancy – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. The petitioner has challenged the assumption of jurisdiction by the Learned Deputy Controller, Kolkata Thika Tenancy in relation to a property being premises no. 16B, Gurusaday Road, Kolkata, 700019 and has prayed for setting aside the summons dated 02.01.2026 issued by the Deputy Controller, Kolkata Thika Tenancy in Misc. Case No. 63 of 2025.
2. Petitioner claims that their predecessor-in-interest instituted a suit being Title Suit No. 39 of 2000 before the Learned Civil Judge, (Senior Division), 2nd Court at Alipore for eviction of the 3rd respondent on the ground of expiry of lease by efflux of time. During the pendency of the said suit, the petitioner purchased the said property by registered deed of conveyance and got themselves substituted in place and stead of the original plaintiff in the said suit. The said suit was decreed and the 3rd respondent preferred an appeal being Title Appeal No. 7 of 2025.
3. In the meantime, the decree was put into execution by the petitioner giving rise to Title Execution Case No. 20 of 2025. It is alleged that the 3rd respondent in collusion with M/s Engineers Service Station filed an application Under Sect
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....
Article 226 of the Constitution of India was amended by the Constitution (15th Amendment) Act, 1963 whereby Clause (1A) was inserted in Article 226 thereby introducing the concept of cause of action,....
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