MESSRS. ACME ESTATE PRIVATE LTD. Vs. RAMSAKAL YADAV

JUDGEMENT

(1.) The present challenge is directed against an order, whereby the trial court dismissed an application filed by the defendant/petitioner under Order 7, Rule 11 of the Code of Civil Procedure.

(2.) It is argued by learned counsel for the petitioner that the suit is ex facie barred by the West Bengal Thika Tenancy (AcquisitionRegulation) Act, 2001 since the plinth of the plaint case is the alleged thika tenancy of the plaintiffs.

(3.) Moreover, it is argued that in effect the plaintiffs/opposite parties are relying on their alleged thika tenancy but have not made a prayer for declaration to that effect, thereby also attracting the bar under section 34 of the Specific Relief Act, 196