INDO BURMA FOREST SYNDICATE Vs. NITAI CHARAN HALDAR

JUDGEMENT

(1.) The petitioner in this Rule, has challenged the propriety of the Order dated August 30, 1975 of the 12th Court of the Additional District Judge, Ali-pore affirming the order of the Thika Controller, Calcutta, holding that as the land comprised in the tenancy of the opposite party belongs to the Government, the Calcutta Thika Tenancy Act, 1949 does not apply in view of Clause (a) of Section 30 of the said Act.

(2.) The petitioner, who is the landlord of the opposite party, the thika tenant, brought a proceeding under Section 9 (2) of the Calcutta Thika Tenancy Act, 1949 praying for entering on the holding, inter alia, alleging that the opposite party, the thika tenant, had voluntarily abandoned his holding without notice to the petitioner and without arranging for payment of rent as it fell due. The opposite party entered appearance in the proceeding and contested the same by filing a written objection. The principal defence of the opposite party was that as the land comprised in the tenancy was Khas Mahal land of the Government, the provisions of the Calcutta Thika Tenancy Act were not applicable in view of Clause (a) of Section 30 of the Act. The learned Thika Controller upheld the said contention of the opposite party and dismissed the application of the petitioner under Section 9 (2) of the Calcutta Thika Tenancy Act On the ground that it was not maintainable. On appeal, the learned Additional District Judge also took the same (view) as that of the learned Thika Controller and dismissed the appeal preferred by the petitioner. Hence this Rule.

(3.) It is not disputed that the land comprised in the tenancy of the opposite is Khas Mahal land and the petitioner is the permanent lessee under the Government. It is also not disputed that the petitioner is the landlord of the opposite party in respect of the land appertaining to the tenancy. Section 30 of the Calcutta Thika Tenancy Act provides as follows :--