DEORAJIN DEBI Vs. SATYADHYAN GHOSAL

JUDGEMENT

(1.) This revisional application is directed against an order of Munsif, 2nd Court, Alipore, rejecting an application under Section 28 of the Thika Tenancy Act, 1949.

(2.) The opposite parties Satya Dhan Ghosal and others as plaintiffs instituted Title Suit No. 40 of 1947 against the petitioners Deorajin Debi and another for their ejectment from some Bustee land at No, 49/5, Circular Garden Beach Road. There was also a claim for arrears of rent and mesne profits, in the plaint which was filed on February 8, 1947, the petitioners were described as monthly Bharatia tenants. The defendant petitioners filed a written statement on May 22, 1947, and the suit was still pending on October 26, 1948, when the Calcutta Thika Tenancy Ordinance, 1948, came into force.

(3.) The defendant petitioners did not ultimately contest the suit which was decreed ex parte on February 10, 1949. But though the suit was decreed ex parte and no issue was raised as to the nature of the tenancy, the learned Munsif made an observation that the defendants were thika tenants and that the decree would be subject to the provisions of the Thaka Tenancy Ordinance. It may be mentioned here that the Thika Tenancy Ordinance, 1948, did not stay any pending suit but stayed the execution of decrees and orders for ejectment of thika tenants, provided that within 30 days from the date of the decree or order the tenant deposited into court the arrears of rent decreed together with costs.