MRIDUL KUMAR SINGHA Vs. NETAI CHARAN NANDI

JUDGEMENT

(1.) This revisional application is directed against the order dated 24th June, 2009 passed in Misc. Case No. 60 of 2005 by Controller, Kolkata Thika Tenancy pertaining to premises No. 11A, Roy Charan Paul Lane, Kolkata- 700 046 thereby dismissing an application preferred by the petitioner challenging the maintainability of the proceeding at the instance of the opposite parties herein.

(2.) The factual background leading to the presentation of this revisional application in a nutshell is that opposite parties made a petition of complaint dated 7/8th March,2001 contending that they are the bharatias in respect of respective portion of the premises No. 11A, Roy Charan Paul Lane, Kolkata- 700 046 which is a thika property. The thika tenants have executed a sale deed without due process of law thereby transferring the said premises in favour of the petitioner. Such transfer is an unlawful transfer. Necessary legal steps are required to be taken against such illegal transfer of such thika property.

(3.) Petitioner on receipt of communication dated 20th February, 2006 issued by Controller, Kolkata Thika Tenancy entered appearance in the proceeding. He filed an application praying for necessary directions upon the opposite parties to serve him with a copy of the petition of complaint. It was supplied to him. On receipt of the said copy the petitioner took out an application challenging the maintainability of the proceeding. The opposite parties filed affidavit in objection. The Controller, Kolkata Thika Tenancy heard both sides and passed the order impugned. In that backdrop, this is the revisional application.