SAMSUNNESSA Vs. SHER KHAN

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against an order being No. 30 dated 3rd July, 2008 by which the defendant's application under Order 14 Rule 2 (2) of the Code of Civil procedure was rejected by the learned trial Judge on contest.

(2.) THE plaintiffs/opposite parties herein filed a suit for eviction against the defendant/petitioner herein under the provision of the West Bengal premises Tenancy Act, 1997. The defendant is contesting the said suit by filing written statement. The suit has already matured for hearing. When the said suit is fixed for cross-examination of the plaintiffs' witness being p. W. 1, the defendant filed an application under Order 14 Rule 2 (2) of the code of Civil Procedure inviting the learned trial Judge to dispose of the suit by hearing the issue regarding jurisdiction of the Civil Court to try such a suit for eviction in view of the bar created under Section 8 (3) of the West bengal Thika (Acquisition and Regulation) Act, 2001, as a preliminary issue.

(3.) THE defendant in her pleadings both in the written statement as well as in her said application contended that the plaintiffs are thika tenants in respect of the suit property. The defendant further claimed that the suit property is thika tenanted property and the defendant is a Bharatia under the thika tenants.