NARAYAN CHANDRA GHOSH AND ORS. versus KANAILAL GHOSH AND ORS.

Citation: [2005] SUPP. 5 S.C.R. 250 · Decided: 16-11-2005 · Supreme Court of India · Bench: B.N. AGRAWAL · Disposal: Dismissed

Judgment (excerpt)

A 
B 
(_. 
NARA YAN CHANDRA GHOSH AND ORS. 
v. 
KANAILAL GHOSH AND ORS. 
NOVEMBER 16, 2005 
[B.N. AGRA WAL AND A.K. MA THUR, JJ.] 
Calcutta Thika Tenancy Act, 1949, Calcutta Thika Tenancy (Acquisition 
and Regulation) Act 1981-Sections 9 and 19-Eviction of Tenant-
C Abatement of Eviction Suit-1948 Act not providing for eviction of Bharatias 
by Thika tenancy and Bharatias not protected by Premises Tenancy Ac/-
Respondent being Thika tenants filing suit for eviction of Appellants 
Bharatias-Enactment of the 1981 Act while the suits were pending-New 
Act providing for protection of Bharatias as tenant under the Premises 
Tenancy Act-Respondents filing fresh suits for eviction on the ground that 
. D the earlier suits abated under section 19 of the 1981 Act-Held, on enactment 
of the 1981 Act the earlier suits abated and the fresh suits are maintainable. 
Eviction Suit-Bonafide Necessity-Thika tenant filing suit for eviction 
of Bharatias pleading bonafide need of the premises for their family members-
Trial Court decreeing the suit-appellate court upholding the eviction decree 
E in respect of three rooms but reversing the decree in respect of one room-
High Court restoring the decree of the Trial Court-On appeal, held, the 
eviction of tenant on the ground of bonafide necessity is justified-No 
interference called for with the High Court judgment. 
Respondents the Thika tenants filed suit for eviction against the 
F appellants who were Bharatias of the premises. Act of 1949 did not provided 
for eviction procedure of Bharatias by Thika tenants. 1981 Act was enacted 
while the suits were pending which provides for protection of Bharatias as 
tenants under the Premises Tenancy Act. Section 19 of the Act states that all 
proceedings for ejectment of Thika tenants and Bharatias shall stand abated 
G as if such proceedings had never been made. Respondents filed fresh suits 
for eviction. Trial Court decreed the suit. Lower Appellate Court upheld the 
eviction decree in respect of three rooms but reversed the decree in respect 
of one room. The High Court restored the decree of the Trial Court. Hence 
this appeal by appellant. The Question before the Court was as to whether the 
H 
250 
NARA Y ANCHANDRAGHOSH v. KANAILALGHOSH 
251 
earlier suits filed by thika tenant for ejectment of Bharatias abated under A 
se~tion 19 of the 1981 Act. 
Dismissing the appeal, the Court 
HELD: I. Under the 1949 Act, procedure was specifically provided for 
ejectment of a thika tenant by making an application for ejectment before the B 
Controller but not for ejectment of a Bharatia by a thika tenant For ejectment 
of a Bharatia, only a suit for ejectment could be filed by a thika tenant before 
a Civil Court in case, he wanted to evict. a Bharatia. As Legislature of the 
State of West Bengal was contemplating legislation providing therein for the 
acquisition of interest of landlords in respect of lands comprised in thika 
tenancy and certain other tenancies, pending its enactment, a further C 
legislation was enacted which was named. The Calcutta Thika Tenancy Stay 
of Proceedings (Temporary Provisions) Act, 1978. This legislation was enacted 
to provide for temporary stay of proceedings for ejectment of thika tenants 
and Bharatias holding under thika tenants. (259-C, D, E, Fl 
2. Immediately after the 1978 Act expired, The Calcutta Thika Tenancy 
(Acquisition and Regulation) Act, 1981 (hereinafter referred to as 'the 1981 
Act') was enacted which came into force with effect from 18th January, 1982. 
The said Act was enacted for the acquisition of interests of landlords in respect 
of lands comprised in thika tenancy and certain other tenancies. Section 9 of 
D 
the 1981 Act lays down that monthly and other periodical tenancies of E 
Bharatias in respect of structures occupied by them on payments of rent to 
the thika tenants shall, with effect from the date of coming into force of 1981 
Act, be governed by the provisions of Premises Tenancy Act and for the said 
purpose, owners of the structures shall be deemed to be landlords and 
Bharatias shall be deemed to be tenants under the said Act. According to F 
Section 19 of the 1981 Act, all proceedings for ejectment of thika tenants 
and Bharatias shall stand abated with effect from 19th day of July, 1978 as if 
such proceedings had never been made. (260-H; 261-C, D, E, Fl 
3. Under 1949 Act, procedure was provided for ejectment of a thika 
tenant only and no procedure whatsoever was prescri

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