DEBENDRA NATH GHORAI Vs. OFFICIAL RECEIVER HIGH COURT

JUDGEMENT

(1.) This rule is directed against an appellate order of ejectment, passed by the learned Subordinate Judge, Second Court, Alipore, sitting as an appellate officer under the Calcutta Thika Tenancy Act. The Controller under that Act ordered ejectment, subject to payment of compensation by the landlord to the tenant under Sec. 3(iv) of the Act. That order was upheld in appeal and the tenant has now come up in revision to this Court.

(2.) The disputed holding which comprises an area of about 8 bighas of land, having some structures standing thereon, and which was originally within the Cossipore-Chitpore Municipality, now forming part of the added area of the Calcutta Corporation, is numbered 26/A/H/8 Dum Bum Road in the Municipal Register. The Petitioner was the admitted tenant and he resisted eviction under the Calcutta Thika Tenancy Act by setting up, inter alia a plea that he was not a think a tenant under the Act and was not electable thereunder or by the Controller, appointed under the said Act, that his was a permanent tenancy; that, in any event, his tenancy was governed by the Bengal Tenancy Act, under which he had occupancy raiyati right; that the Official Receiver who was the person in charge of the landlord's estate had instituted the proceedings without taking the necessary permission under Sec. 10(2) of the Calcutta Official Receiver's Act; and that the landlord's plea of requirement for building upon the land or otherwise developing it by discontinuing letting to thika tenants, which was the ground put forward under the Thika Tenancy Act in support of the claim for ejectment, was not bona fide and had no substance.

(3.) None of these pleas succeeded before the Controller and they also failed before the learned Appellate Judge.