CHHAGAN LALL DAGA Vs. TRIPTI DAS

JUDGEMENT

(1.) A short but interesting point of law is involved in this Rule. The point of law for determination is whether the interest of a thika tenant in his holding is transferable.

(2.) ADMITTEDLY the opposite party No. 1 Tripti Rani Das was a thika tenant in respect of the disputed holding being 3 cottahs 8 chataks of land being holding No. 31, Bhairab Ghatak Lane, Salkia, P. S. Malipanchghara, Howrah at a monthly rent of Rs. 3. 97 P. The petitioners filed an application under section 9 of the Calcutta Thika Tenancy Act, 1949 on March 25, 1971 before the learned Munsif, Fifth Court, Howrah as the Thika Controller, alleging that the said opposite party had abandoned the. holding for over two months without any notice to the landlords and without arranging for payment of rent as it fell due from Baisakh 1377 B. S. The landlords also filed notice in the prescribed forms in the said court stating that they had treated the holding as abandoned and intended to enter on it. Notice was accordingly issued on the opposite party No. 1 the Thika tenant, who however did not enter appearance. On April 20, 1971 one Sm. Radharaani Ghosh filed an application for adding her as a party to the proceeding on the basis of her acquisition of the interest of thika tenant with structures thereon by registered kobala dated December 16, 1970. The learned Munsif allowed the application adding the opposite party No. 2 as a party to the said proceeding.

(3.) THEREAFTER on a trial on evidence the learned Munsif found that the opposite party No. 2, was in possession of the property on basis of her purchase as aforesaid. There was accordingly it was held, no question of abandonment of the holding and the opposite party No. 2 became the thika tenant under the landlords in place of the opposite party No. 1. The opposite party No. 2 was further directed to pay the arrears within a month from September 30, 1972, the date of the order and the landlords petition was accordingly dismissed.