KEYWORDS:-THIKA TENANCY- JURISDICTION OF CIVIL COURT- DATE:-6th May, 2015 In the High Court at Calcutta Civil Appellate Jurisdiction Present: The Hon’ble Justice Nishita Mhatre And The Hon’ble Justice Asha Arora F.M.A No. 761 of 2015 With C.A.N No. 1543 of 2015 Sri Samarendra Nath Das @ Samar Das Versus M/s. Bengal Central Building Society Limited and others For the appellant: Mr. Biswajit Basu, Mr. Kishore Mukherjee, Mr. […]

KEYWORDS:- DATE:-03-12-2003 (2004) 10 SCC 578 (SUPREME COURT OF INDIA) Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others Respondent (Before : Brijesh Kumar and Arun Kumar, JJ.) Decided On: 03-12-2003 Calcutta thika tenancy (Acquisition and Regulation) Act, 1981—Sections 5 and 19. ORDER 1. This appeal is preferred against the order of the Calcutta High Court […]

Thika tenant-the provisions of the Premises tenancy Act would apply to Bharatias. Such suits cannot be effectively disposed of after the commencement of 1981 Act as earlier it was not necessary to prove the grounds for eviction enumerated under the Premises tenancy Act and the Bharatia would be thereby denied the protection granted to him under the Premises tenancy Act although he was entitled to such protection even in pending suits.

JURISDICTION Of CIVIL COURT : “If the Court moves without jurisdiction to adjudicate the dispute,  in view of admitted nature of Thika tenant status of the opposite party with regard to the premises in question, the civil court having no jurisdiction for adjudication of the dispute in view of Section 21 of the West Bengal Thika Tenancy Act, question of pronouncing judgement on all […]

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