LAWS(CAL)-2011-12-20

EASTERN CHEMICAL INDUSTRIES Vs. FONA RUBBER PVT LTD

Decided On December 09, 2011
EASTERN CHEMICAL INDUSTRIES Appellant
V/S
FONA RUBBER PVT. LTD Respondents

JUDGEMENT

(1.) A suit for eviction of the opposite party no.1 from the suit property instituted by the petitioner, on the ground of reasonable requirement, was dismissed on September 26, 2006 by the trial Court. The petitioner preferred an appeal, which succeeded. Decree for eviction and recovery of khas possession was passed on December 4, 2008. The opposite party no.1 carried the appellate decree in second appeal before this Court. While admitting the appeal under Order 41 Rule 11, Civil Procedure Code, Hon'ble Division Bench of this Court on May 8, 2009 stayed execution of the eviction decree. The appeal is pending.

(2.) In course of proceedings before the subordinate Courts, the opposite party no.1 did not claim that the suit property is a thika property and, thus, a civil suit would not lie in terms of the provisions contained in the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereafter the Thika Act).

(3.) It was only during pendency of the second appeal before this Court that the opposite party no.1, for the first time, claimed that the decretal property is a thika property and raised a dispute before the Controller under Section 8 of the Thika Act in respect of status of the decretal property. On or about October 15, 2010, the Officer-In-Charge, Tangra Regional Thika Tenancy Office, Government of West Bengal, issued a notice calling upon the petitioner to attend hearing on October 19, 2010 without fail with all supporting documents in respect of premises no. 77/1, Christopher Road, Kolkata- 700 046 in connection with Misc. Case No. 30 of 2010, which was registered on the application of the opposite party no.1.