KANAI LAL SUR Vs. PARAMNIDHI SADHUKHAN

JUDGEMENT

(1.) 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.

(2.) Before dealing with this point, it would be useful to consider briefly the history of legislation passed by the West Bengal Legislature with the object of affording protection to the thika tenants.

(3.) Then followed Act II of 1949 on February 28, 1949. Section 2, sub-s.(5) of this Act defines a thika tenant. Section 3 lays down the grounds on which a thika tenant may be ejected. The effect of this section is that it is only where one or more of the six grounds recognized by S. 3 is proved against a thika tenant that a decree for ejectment against him can be passed.