SHEIKH RAHMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: In this writ application the petitioner has challenged the order dated 28th April, 1994, passed by the Controller, Calcutta Thika Tenancy, in a proceeding initiated by him on the basis of a direction given by a learned Judge of this court on 21st December, 1993, in Matter No. 1169 of 1993.

(2.) In the said matter, which was a writ petition filed by the petitioner herein, a dispute had been raised as to whether the respondent No.5 was a Thika tenant or not in respect of premises No.14, Syed Sally Lane, Calcutta. The learned Judge who heard the matter was of the view that the said dispute could not be resolved in a writ proceeding and, accordingly, directed the Thika Controller to decide the said question after going through the history of the case including the suit before the City Civil Court, Calcutta.

(3.) From the order passed by the Thika controller it appears that the petitioner herein had contended that the predecessor in interest of the private respondent No.5 was or a Thika tenant of the premises in question, inasmuch as, there was a corrugated shed on the land in question as would appear from the old Assessment Department Records of the Calcutta Municipal Corporation. It appears that it was also contended on behalf of the petitioner that he purchased the land in question, along with the structures thereupon, by a sale-deed executed in 1976, but through inadvertence the existence of the structures on the land had not been included in the deed and such omission was subsequently rectified by a deed of rectification executed in 1988.