SUDHIR KUMAR BHATTACHARJEE Vs. BIBHUTI BHUSAN MAJUMDAR

JUDGEMENT

(1.) This Rule arises out of a proceeding for ejectment of a thika tenant under the Calcutta Thika Tenancy Act. The ejectment was allowed by the Controller under Section 3(1) and (4) read with Section 4 proviso (ii), Calcutta Thika Tenancy Act and there was the usual order for payment of compensation by the landlord to the tenant as required by the statute.

(2.) This order was affirmed by the learned appellate authority and the tenant being dis-satlsfied has moved this Court and obtained the present Rule.

(3.) The objections of the tenant, inter alia, were that there was really no relationship of landlord and tenant between the parties; that the tenant was not a thika tenant under the Calcutta Thika Tenancy Act and no proceedings were available against him under the said Act; and that the notice to quit served in the case was illegal and defective. All these contentions were concurrently overruled by the Tribunals below and their concurrent findings have been that the suit land has been properly Identified to be the land which was let out to the tenant petitioner by the landlord opposite party; that the notice to quite was legal and sufficient and that the tenant petitioner was on the materials before the Court, clearly a thika tenant under the above Act.