Judgement

GAJENDRAGADKAR, J.- This is an appeal by special leave in execution proceedings and the short point which the appellant has raised before us is that, under S. 5(1) of the Calcutta Thika Tenancy Act II of 1949 (West Bengal Act II of 1949) as amended by the Calcutta Thika Tenancy (Amendment) Act, 1953 (West Bengal Act VI of 1953), execution proceedings taken out by the decree-holder against him could be entertained only by the controller and not by the civil Courts.

This point arises in this way. The appellant is a thika tenant in respect of a portion of the premises No. 28, R. G. Kar Road in Calcutta.. In Suit No.46 of 1948 a decree for ejectment was passed against him and in favour of the respondent on March 16, 1949. This decree was challenged by the appellant by preferring an appeal before the District Court and a second appeal before the High Court at Calcutta; but both those appeals failed and the decree for ejectment passed by the trial Court was confirmed.

Then followed several proceedings between the parties and the course of litigation between them turned out to be protracted and tortuous. Ultimately on May 22, 1953, the respondent filed an execution case before th