SEEMA BEGUM Vs. MARIUM BIBI

JUDGEMENT

(1.) A vital and interesting question has cropped up before us in the instant tribunal application as to the competence of the Land Reforms Tenancy Tribunal constituted under West Bengal Land Reforms and Tenancy Tribunal Act (hereinafter referred to as the Tenancy Tribunal Act) under Article 323(B) of the Constitution of India to deal, entertain and/or set aside the orders, decrees and judgments passed by the "Civil Judge having jurisdiction" in respect of the subject matter under the "Specified Act" as defined under Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act 1997.

(2.) Initially when the said Tenancy Tribunal Act was promulgated it was made applicable in respect of five Acts. Those are the West Bengal Estate Acquisition Act 1953, the West Bengal Land Reforms Act 1955, the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fisherman Act 1975 and the West Bengal Land Holding Revenue Act 1979. By an amendment Act, the said West Bengal Land Holding Revenue Act 1979 was omitted and/or deleted from the definition of the said "Specified Act". By another amendment the West Bengal Restoration of Alienated Land Act, 1973, the West Bengal Premises Tenancy Act 1977 and the West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001 was inserted. Thus the said Tenancy Tribunal Act within its contour assumes powers in respect of the subject matter relating to the "Specified Act" as defined under Section 2(r) of the said Tenancy Tribunal Act.

(3.) There was no difficulty while the West Bengal Premises Tenancy Act 1956 was operative and in vogue. The said Act of 1956 postulates that the matters relating to the eviction shall be dealt by a court within the meaning of the Bengal, Agra and Assam Civil Courts Act 1887. Section 3 of Bengal, Agra and Assam Civil Courts Act 1887 defines the classes of Civil Court namely the Court of the District Judge, the Court of the Additional Judge, the Court of the Civil Judge (Senior Division) and the Court of the Civil Judge (Junior Division). The said Act also provides the court empowered to entertain the appeal from the judgment and decree and/or order of the court inferior to it.