An eviction suit involving sub-tenants on land governed by special statutory regulations falls under the exclusive jurisdiction of the designated statutory controller, thereby creating an absolute bar on the jurisdiction of civil courts over such disputes.

JUDGMENT :

Biswaroop Chowdhury, J.

1.The Appellant before this Court was a defendant before Trial Court in a suit for eviction and respondent in Title Appeal where the Order Passed under Order 7 Rule 11 of the Code of Civil Procedure by the Learned Trial Court was assailed by the plaintiff. The Appellant being aggrieved by the Order passed by Learned Civil Judge Senior Division Small Causes Court at Sealdah in Ejectment Appeal No-2 of 2016 arising out of Ejectment Suit no-91 of 2014 in which the order of dismissal of suit under Order 7 Rule 11 of the Code of Civil Procedure passed by Learned Trial Court was reversed and the matter remitted to Learned Trial Court to decide the suit on merits has come up with the instant appeal.

2. The Original plaintiff Pravabati Devi instituted Ejectment Suit against the appellant Puran Shaw under Section 6 of West Bengal Premises Tenancy Act 1999 for ejectment.

3. An application was filed by the appellant/defendant challenging the maintainability of the suit under Section 8(3) and Section 21 of West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001.

4. Learned Trial Judge upon considering the pleadings made in paragraph 1 of the plaint where the plaintiff claimed herself as owner of the structure standing on Thika Land and upon considering the provisions of Section 8(3) and Section 21 of West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001 which came into effect on 1st March 2003, was pleased to hold that the suit was not maintainable before the Civil Court, and dismissed the same.

5. The plaintiff being aggrieved by the Judgment and Decree passed by the Learned Trial Court preferred an appeal. By Judgment and Order dated 9^th January 2017 the Learned Civil Judge (Senior Division) was pleased to allow the appeal being Ejectment Appeal no-3 of 2016 by observing and directing as follows:

6. There is nothing on record at the stage of the consideration of the maintainability of the suit that the plaintiff waived his claim. Unless the evidences is laid such conclusion cannot be drawn. In consideration of the record of the Learned Trial Court it appears that the determination of the jurisdiction of the Court depends upon the cause of action which involves mixed question of law and facts. Only on the basis of the consideration of the jurisdiction this question cannot be determined.

7. After due consideration of the order and decree of the Learned Trial Court, this Court finds that the impugned order and decree so passed by Learned Trial Court is not sustainable and requires interference. Therefore the Appeal succeeds the order and Decree passed in Ejectment Suit 91 of 2014 on 17^th August 2015, by Learned Additional Civil Judge (Junior Division) Sealdah are hereby set aside.

8. Memo of appeal is correctly stamped.

'Hence it is ORDERED that the Appeal be and the same is allowed on contest without any order of cost. The Order and Decree passed in Ejectment suit 91 of 2014 in 17^th August 2015 by Learned Additional Civil Judge (Junior Division) Sealdah are hereby set aside. Let the Trial Court Record be returned to the Learned Trial Court with this judgment on open remand, with request to dispose of the same considering the age of pendency of the case.

The Ejectment Appeal is thus disposed of on contest.'

9. The appellant being aggrieved by the Judgment and Order passed by the Appellate Co