LALUA SHAW Vs. ANIL BH GANGULY

JUDGEMENT

(1.) This Rule was issued at the instance of a defendant in an ejectment proceeding under the Thika Tenancy Act and is directed against an order of the learned Thika Tenancy Controller, Howrah, by which he rejected the petition filed by the petitioner under Section 7-A of the Act as also his petition under Section 5 of the Limitation Act. Under Sub-section (1) of Section 7-A such an application has to be filed within sixty days from the date of the commencement of the Calcutta Thika Tenancy (Second Amendment) Act. 1969. In this particular case the petition was filed on the 30th of May, 1970 though this Act had come into operation on the 30th of October. 1969. The petitioner filed another application under Section 5 of the Limitation Act and the learned Judge was not satisfied about the grounds of delay and he dismissed that application and also the application under Section 7-A on the ground that it is time-barred.

(2.) Without going into the propriety of this order I am of opinion that the application under Section 7-A was misconceived and did not actually lie. One of the pre-requisites to an application under Section 7-A is that an order for ejectment of the thika tenant from his holding must have been made by the Controller under Section 5 before the date of the commencement of the Calcutta Thika Tenancy (Second Amendment) Act. 1969. In this particular case the ejectment was sought for on the ground that the land was required by the landlord for his own occupation or for the purpose of building on the land, or, in other words, under Clause (iv) of Section 3 as it originally stood. Sub-section (1) of Section 5 would show that if the Controller allows the application he shall make an order directing the thika tenant to vacate the holding and. subject to the provision of Section 10, to put the landlord in possession thereof. Sub-section (2) of Section 5 lays down.

(3.) The records be sent down as quickly as possible. The Court below may consider as to whether he can order ejectment now in view of the amendments of Section 3 but no opinion is passed on this point as it does not arise in this proceeding.