SK. SABBIR Vs. NURJAHAN BEGUM

JUDGEMENT

(1.) This review application has been preferred in connection with order dated June 23rd, 2023 passed by this court while disposing C.O. 3396 of 2018. By the impugned order the aforesaid application was allowed thereby the order impugned being order no. 25 dtd. 4/9/2018 passed by the Court below was set aside.

(2.) It has been contended by the petitioners that the petitioners are the Thika Tenants in respect of the suit property. The opposite parties/plaintiff no. 1 to 35 herein filed Title Suit no. 147 of 2015 seeking partition of the suit property along with other reliefs. The petitioners of the said application being C.O. 3396 of 2018 appeared in the said suit and filed an application under order XIV rule 1 and 2, challenging maintainability of the suit being barred under the provision of West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001. Plaintiff opposite parties filed written objection and after contested hearing the Trial Court rejected defendants application under order XIV rule 1 and 2 with the observation that the present suit is a suit for partition and as such it is maintainable.

(3.) Being aggrieved by that order aforesaid Revisional Application being C.O. 3396 of 2018 had been preferred before this Court. This Court while disposing the said application held that the main question which is required to be adjudicated in the present context is whether Hazi Sukhoo was the original Thika Tenant in respect of the suit property and after his death all his legal heirs namely parties in the suit have inherited the suit property or Hazi Kuddus, one of the grandson of Hazi Shukoo was the sole Thika Tenant in respect of the suit property and after his death only his legal heirs i.e. the petitioners of the said application/contesting defendants became sole Thika Tenant in respect of the suit property.