The Calcutta Thika Tenancy Act, 1949

Judicial and Legislative (Legislative) Department 
Superintendent, Government Printing 
West Bengal Government Press, Alipore, West Bengal 
1949 
West Bengal Act II of 1949 
THE CALCUTTA THIKA TENANCY ACT, 1949. 
CONTENTS. 
CHAPTER 1. 
PRELIMINARY. 
Section. 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II. 
INCIDENTS OF Thika TENANCIES. 
3. Grounds on which a thika tenant may be ejected. 
4. Notice before ejectment. 
5. Proceedings for ejectment. 
6. Stay of ejectment for arrears of rent if the amount of arrears and damages 
are deposited with the Controller. 
7. Restoration of possession where landlord does not use the land for the purpose 
for which the thika tenant was ejected. 
8. Surrender. 
9. Abandonment. 
10. Consequences of the determination of interests of thika tenants in certain 
cases. 
11. Devolution or transfer of holding of a thika tenant. 
CHAPTER III. 
PROVISIONS AS TO RENT OF Thika TENANCIES. 
12. Payment of rent. 
13. Time and place for payment of rent. 
14. Appropriation of payments. 
15. Thika tenant entitled to receipt for rent. 
16. Penalty for withholding receipts. 
17. Dep,Isit of rent on refusal of the landlord to accept. 
18. Deposit of rent in certain other cases. 
19. Receipt granted by the Controller for rent deposited to be a valid acquittance. 
20. Disposal of rent deposited under section 17. 
21. Disposal of rent deposited under section 18. 
22. Saving. 
23. Interest on arrears. 
24. Restrictions on enhancement of rent. 
25. Enhancement of rent. 
26. Reduction of rent by the Controller. 
CHAPTER IV. 
APPEALS AND CERTAIN SPECIAL PROCEDURES. 
27. Appeal, review and execution. 
28. Power of Court to rescind or vary decrees and orders in certain cases. 
29. Application of Act to pending suits and proceedings. 
30. Bar to application of Act to certain lands. 
31. Restriction or exclusion of Act by agreement. 
32. Power to enter and inspect premises, to require information and to summon 
witnesses. 
33. Repeal and saving. 
34. Rules. 
Ben. Act 
III of 
1923. 
Ben. Act 
II of 
1866. 
West Ben. 
Ord. XI 
of 1948. 
West Bengal Act II of 1949 
THE CALCUTTA TH1Ki1 TENANCY ACT, 1949. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor-General was first published in the Calcutta 
Gazette, Extraordinary, of the 28th February, 1949.] 
An Act to make better provision relating to the law of land-
lord and tenant in respect of thika tenancies in Calcutta. 
WHEREAS it is expedient to make better provision 
relating to the law of landlord and tenant in respect of 
thika tenancies in Calcutta; 
hereby enacted as follows:— 
CHAPTER I. 
PR.ELIMINARY. 
1, (1) This Act may be called the Calcutta Thika Short title,, 
Tenancy Act, 1949. 	 extent and 
commence- 
(2) It extends to Calcutta as defined in clause (11) of went. 
section 3 of the, Calcutta. Municipal Act, 1923 and such 
suburbs of Calcutta as may have been or may here-
after be notified under section 1 of the Calcutta Suburban 
Police Act, 1866 •and are not- , included within .Calcutta as 
so defined and also to .the municipality of Howrah. 
. 	 • 
(3) It shall come into force on :the ,day ;on which the 
Calcutta Thika Tenancy ,Ordinance, 1948, ceases to 
operate. 
, 
2: 'In this Act, unlesS there is anything repugnant in Defini- , 
the subject or context,— 	 Lions. 
"Bharatia.7 means 'any .person. •by. ;:whorn, ••) or on 
whose at-count, rent is .Payable for. :any structure 
.or part of •a :structure erected. by...a: thika tenant 
in his holding; : •• 
"Controller!" means an officer .appointed as such -by 
. the Provincial •GOVernment: .for an, area to which 
this' Act eitends and includes any officer 
appointed by the: Provincial Government to per-
form all or any „of -  the duties ..impOsed, or to 
exercise all or any of the powers. conferred by -
this Act, on the Controller; 
"holding" means a parcel Or. parcels of land held 
by any person as a thika tenant under one lease-
or one set of conditions whether such tenant has 
held the land before or after the commencement 
of this Act ; 
(4) "prescribed" means prescribed by rules made under 
this Act; 
(1)  
(2)  
(3)  
2 	 The Calcutta Thika Tenancy Act, 1949. 
[West Ben. Act 
(Chapter I—Preliminary.—Chapter 11—incidents of thika 
tenancies.—Section 3.) 
(5) "thika tenant" means any person who under the 
system commonly known as "thika", "thika 
masik utbandi", "thika masik", "thika baste" 
or under any other like system holds, whether 
under a written lease or otherwise, or has been 
recorded in any record-of-rights as holding, 
under the title "dakhal basatkar" or other like 
appellation, land under another person and is, 
or but for a special contract would be, liable to 
pay rent, at a monthly or at any other periodical 
rate, for that land to such other person and has 
erected any structure on such land for a residen-
tial, manufacturing or business purpose and 
includes the successors in interest of such 
person; and 
(6) all words and expressions used but not defined in 
this Act and used in the Transfer of Property 
Act, 1882, or the Bengal Tenancy Act, 1885, 
have the same meanings as in those Acts. 
IV of 
1882. 
VIII of 
1885. 
CHAPTER II. 
INCIDENTS OF Thika TENANCIES. 
Grounds 
on which 
a thika 
tenant 
may • be 
ejected. 
3. NOtwithstanding anything contained in any other 
law for the time being in force or in any contract, a thika 
tenant shall, subject to the provisions of this Act, be liable 
to ejectment from his holding on one or more of the 
following grounds and not otherwise, namely :— 
(i) on the ground that he has failed to pay an arrear 
of rent due to the landlord in respect of the 
holding ; 
(ii) on the ground that he has used the land comprised 
in his holding in a manner which renders it 
unfit for any of the purposes mentioned in clause 
(5) of section 2 or that he has broken a condition 
consistent with this Act on breach of which he 
is, under the terms of a contract between him-
self and his landlord, liable to be ejected; 
(iii) on the ground that he ,has refused to agree to pay 
rent at such enhanced rate as may be determined 
under section 25 ; 
(iv) except during any period limited by a registered 
lease under which a thika tenant may hold the 
land comprised in the holding, on the ground 
that the land is required by the landlord for his 
own occupation or for the purpose of building 
on the land or otherwise developing the land by 
discontinuing the system of letting to thika 
tenants; 
The Calcutta Thika Tenancy Act, 1949. 	 3 
I I of 1949.] 
(Chapter 11—Incidents of thika tenancies.—Sections 4, 5.), 
on the ground that he has failed himself to use or 
occupy a major part of the holding for his own. 
residential, manufacturing or business purpose_ 
for more than six consecutive months; 
(vi,) when he holds the land comprised in the holding 
under a registered lease, on the ground that the 
term of the lease has expired. 
4. It shall not be competent for a landlord to eject any 
thika tenant from his holding unless the landlord has given 
the thika tenant notice in the manner provided in section 
IV of 	 106 of the Transfer of Property Act, 1882- 
1882. 
	
	 (a) in the case where he wishes to eject the thika 
tenant on any of the grounds specified in clauses 
(i), 	 and (v) of section 3 at least one 
month's notice in writing expiring with the end 
of a month of the tenancy; and 
(b) in the case where he wishes to eject the thika 
tenant on the ground specified in clause (iv) of 
section 3 at least three months' notice in writing 
expiring with the end of a month of the 
tenancy : 
Provided that— 
(i) no thaw tenant shall be ejected from his holding 
on the ground specified in clause (i) of section 
3 during the period mentioned in sub-section 
(1) of section 9, and 
(ii) save as otherwise provided in any contract in 
writing, no thaw. tenant shall be ejected from 
his holding on any of the grounds specified in 
clauses (iv) and (v) of section 3, except 
on payment to the thika tenant or on 
depositing with the Controller for payment to 
the thika tenant such compensation as may be 
agreed upon between the landlord and the 
thika tenant or, in the case where they do not 
agree, as may be determined in the prescribed 
manner by the Controller on application by -the 
landlord or the thika tenant. 
5. (1) Notwithstanding anything contained in any 
other law for the time being in force but subject to the 
provisions of section 28, a landlord wishing to eject a thika 
tenant on one or more of the grounds specified in section 3 
shall apply in the prescribed manner to the Controller for 
an order in that behalf and, on receipt of such application, 
the Controller shall, after giving the thika tenant a notice 
to show cause within thirty days from the date of service 
of the notice why the application shall not be allowed and 
after making an inquiry in the prescribed manner either 
allow the application or reject it after recording the reasons 
for making such order, and, if he allows the application, 
shall make an order directing the thik,a tenant to vacate the 
holding and, subject to the provisions of section 10, to put 
the landlord in possession thereof. 
(v) 
Notice 
before 
ejectment.- 
Proceed-
ings for 
ejectment. 
Restora-
tion of 
possession 
where 
landlord 
does not 
use the 
land 
for the 
purpose 
for which 
the thika 
tenant was 
ejected. 
r 
I 
Stay of 
ejectment 
for arrears 
of rent if 
the amount 
of arrears 
and dama-
ges are 
deposited 
with the 
'Controller. 
4' 	 The Calcutta Thika Tenancy Act, 194.9. 
[West Ben. Act 
(Chapter 11—Incidents of thi-ka tenancies.—Sections 6-9.) 
(2) No order allowing an application under sub-section (1) 
shall be made in a case where compensation is payable under 
clause (ii) of the proviso to section 4 unless and until the 
amount of compensation so payable has been either paid 
to the thika tenant or deposited with the Controller. 
6. Every order made under section 5 allowing an appli-
cation for ejectment of a thika tenant on the ground that he 
has failed to pay an arrear of rent due to the landlord in 
respect of his holding and directing the thika tenant to 
vacate the holding and put the landlord in possession 
thereof shall specify the amount of the arrear and of the 
interest, if any, due thereon, and no such order shall be 
executed-  if that amount, the costs of the proceedings arising 
out of such application and such damages as the Controller 
may allow, are deposited with the Controller within thirty 
days from .  the date of the order. 
7. If an order under section 5 directing a thika tenant 
to vacate any land comprised in a holding on any of the 
grounds specified in clause (iv) of section 3 is made and the 
landlord who recovers possession of the land as a result of 
such order does not within six months from the date on 
which he recovers such possession occupy the land himself 
or commence the building on, or the development of, the 
land or re-lets it within six months of the said date to any 
thika tenant other than the previous thika tenant without 
the permission of the -Controller obtained in the prescribed 
manner, the Controller may on application in writing being 
made to him in this behalf by the thika tenant from whom 
the landlord has so recovered possession of the land within 
nine months from the said date, make an order directing 
the landlord to restore the thika tenant to possession of the 
land from such date and subject to such condition as may be 
specified in the order, or to pay him such compensation as 
may be fixed by the Controller : 
Provided that the Controller may, on the application of 
the landlord, extend the period within which the building 
on, or the development of, the land is to be commenced by two 
months at a time and six months in all. 
Surrender. 	 8. (1) A thika tenant not bound by any lease or other 
agreement for a fixed period may, at the end of a month of 
the • tenancy, surrender his holding, provided that he gives 
to his landlord at least one month before he surrenders, 
notice of his intention to do so. 
(2) When a thika tenant .has surrendered his holding 
the landlord may, subject to the provisions of section 10, 
enter on the holding and either let it to another tenant or 
occupy it himself or dispose of it in any way he may think 
fit. 
Ahem:Ion-
merit. 
9. (1) When a thika tenant vohintarily abandons his 
holding without notice to the landlord and without arrang-
ing for the payment of his rent as it falls due, the landlord 
5 The Calcutta Thika Tenancy Act, 1949. 
I I of 1949.] 
(Chapter II—Incidents of thika tenancies.—Section 10.) 
may, at any time after the expiration of a period of two 
months from the date of such voluntary abandonment, file 
the notice referred to in sub-section (2) and subject to the 
provisions of sub-section (3) and of section 10 enter on the 
holding and let out the same to another tenant or occupy it 
himself. 
(2) A landlord who intends to enter on a holding under 
this section shall file a notice in the prescribed form with 
the Controller stating that he has treated the holding as 
abandoned and intends to enter on it accordingly; and the 
Controller shall within fifteen days from the date on which 
the notice is so filed cause such notice to be published in the 
prescribed manner. 
(3) After the publication of the notice under sub-
section (2), the thika tenant may apply to the Controller at 
any time not later than the expiration of one month from the 
date of the publication of such notice for the cancellation of 
such notice and thereupon the Controller may, on being 
satisfied after such inquiry as he considers necessary that 
the thika tenant is entitled to continue in possession, cancel 
the notice and direct that the thika tenant shall continue 
in possession of the holding subject to payment of the arrears 
of rent due on the date pn which the notice is so cancelled. 
If the thika tenant does not make any application under this 
sub-section or his application under this sub-section is 
rejected, the landlord may enter on the holding subject to 
the provisions of section 10. 
WIN 
West Ben. 
Act 
XXX VIII 
of 1948. 
10. (1) Notwithstanding anything to the contrary 
contained in any contract, on the determination of the 
interest of a thika tenant in the land comprised in a holding 
as a result of ejectment from the holding of, or of surrender or 
abandonment of the holding by, the thika tenant, or 
otherwise, any structure erected by the thika tenant on such 
land and existing on the date of such determination shall 
vest in the landlord. 
(2) When any structure erected in any holding by a 
thika tenant vests in the landlord under sub-section (1) other-
wise than as a result of ejectment of the thika tenant from 
the holding on any of the grounds specified in clause (iv) of 
section 3, any Bharatia in possession of such structure shall 
be entitled to continue in such possession and shall be deemed 
to be a tenant within the meaning of the West Bengal 
Premises Rent Control (Temporary Provisions) Act, 1948, 
holding under the landlord on the terms and conditions on 
which such Bharatia had been holding immediately before 
such structures vested in the landlord : 
Provided that nothing in this sub-section shall prevent 
either the landlord or such Bharatia so deemed to be a 
tenant holding under the landlord, from proceeding under 
the West Bengal Premises Rent Control (Temporary Pro-
visions) Act, 1948, for fixing the standard rent payable in 
respect of such structure. 
Conse-
quences of 
the deter-
mination 
of in-
terests of 
thika 
tenants 
in certain 
eases. 
Devolu-
tion or 
transfer of 
holding of 
a thika 
tenant. 
6 	 The Calcutta Thika Tenancy Act, 1949. 
(West Ben. Act 
(Chapter II—Incidents of thika tenancies.—Chapter 
Provisions as to rent of thika tenancies.—Sections 11-15.) 
11. The holding of a thika tenant shall descend on his 
death in the same manner as his other immovable property 
and the person succeeding shall hold the land comprised in 
the holding under the terms and conditions on which it was 
held by the thika tenant. He shall also give to the landlord 
notice within one month of the succession in the prescribed 
manner : 
Provided that in any case in which under the law of 
inheritance to which the thika tenant is subject his other 
property goes to the Crown, his interest in the holding shall 
be extinguished. 
CHAPTER III. 
PROVISIONS AS TO RENT OF Thika TENANCIES. 
Payment 
of rent. 
Time and 
place for 
payment 
of rent. 
Appro-
priation 
of pay-
ments. 
Thika 
tenant en-
titled to 
receipt for 
rent. 
12. Any rent or instalment of rent payable by a thika 
tenant shall be paid, where there is a contract in writing in 
this behalf between the landlord and the thika tenant, with-
in the time fixed in the contract or, in the absence of any 
such contract, by the fifteenth day of the month next follow-
ing the month or period for which the rent is payable. 
13. (1) Every thika tenant shall pay or tender rent or 
each instalment of rent before sunset of the latest day by 
which it is payable under the provisions of sections 12: 
Provided that a thika tenant may pay or tender the rent 
payable for a month or period at any time during such month 
or period 'before it falls due. , 
(2) The payment or tender of rent may be made— 
(i) at the landlord's local office or at such other con-
venient place as may be appointed in that behalf 
by the landlord; or 
(ii) by postal money order in the manner prescribed. 
A tender may also be made by depositing the rent with 
the Controller in accordance with the provisions of section 
17 or section 18. 
(3) Any rent or instalment of rent which is not duly paid 
within the time referred to in section 12 or is not duly 
deposited with the Controller within the time referred to 
in section 17 or section 18 shall be deemed to be an arrear. 
14. (1) When a thika tenant makes a payment on account 
of rent, he may declare the month or period in respect 
of which he wishes the payment to be credited, and the pay-
ment shall be credited accordingly. 
(2) If he does not make any such declaration, the pay-
ment may be credited to the account of such month or period 
as the landlord thinks fit. 
15. (1) Every thika tenant who makes a payment on 
account of rent to his landlord shall be entitled to obtain 
forthwith from the landlord or his authorised agent a written 
receipt for the amount paid by him, signed by the landlord. 
The Calcutta Thika Tenancy Act, 949. 	 7 
II of 1949.] 
(Chapter Ill—Provisions as to rent of thika tenancies.— 
Sections 16-18.) 
(2) ,A counterfoil of the receipt shall be prepared and 
retained by the landlord or his authorised agent. 
(3) The receipt and counterfoil shall be in such form and 
shall contain such particulars as may be prescribed. 
(4) If a receipt does not contain substantially the parti-
culars required by this section, it shall be presumed, until 
the contrary is shown, to be an acquittance in full of all 
demands for rent up to the date on which the receipt was 
given. 
16. If a landlord without reasonable cause refuses or 
neglects to deliver to a thika tenant a receipt containing the 
particulars required by section 15 for any rent paid by the 
tenant, the Controller may, on application made in this 
behalf by the tenant within three months from the date of 
payment, by order direct the landlord to pay the tenant 
such penalty not exceeding double the amount of that rent 
as the Controller thinks fit. 
17. (1) Where a landlord refuses to accept any rent the thika tenant may, by an application in writing containing 
such particulars as may be prescribed,— 
(a) deposit such rent with the Controller, within the 
period specified in sub-section (2), and 
(b) unless the landlord signifies by notice in writing to 
the thika tenant his willingness to accept any 
subsequent rent which becomes due from such 
tenant, also deposit such rent with the Controller 
within the period within which it is payable 
under the provisions of section 12 together with 
the cost of transmission by postal money order 
of such money to the landlord. 
Explanation.—A landlord shall not for the purposes of 
this sub-section be deemed to have refused to 
accept any rent unless the rent is remitted by the 
thika tenant by postal money order within the 
time specified and in the manner referred to in 
section 13 and the rent so remitted is returned to 
the thika tenant by the postal authorities as 
undelivered either on account of the landlord 
having refused to accept payment thereof or for 
any other cause. 
(2) The deposit referred to in clause (a) of sub-section (1) shall be made within a fortnight of the date on which the 
rent remitted by postal money order is returned to the thika tenant by the postal authorities as undelivered. 
18. (1) In either of the following cases, namely : — 
(a) when any rent is payable jointly to two or more co-
sharer landlords and the thika tenant is unable to obtain a joint receipt from them for the rent 
and no person has been empowered to receive the 
rent on their behalf, 
Penalty for 
withhold-
ing receipts. 
Deposit of 
rent 	 on 
refusal of 
the land- 
lord 	 to 
accept. 
Deposit of 
rent 	 in 
certain 
other cases. 
L 
Receipt 
granted by 
the Con-
troller for V 	 rent depo- 
sited to be 
a 	 valid 
acquit. 
tance. 
Disposal of 
rent depo-
sited under 
sect ion I 7 . 
11111, 
8 	 The Calcutta Thika Tenancy Act, 1949. 
[West Ben. Act 
(Chapter III—Provisions as to rent of thika tenancies.—
Sections 19, 20.) 
(b) when a dispute has arisen as to the person who is 
entitled to receive the rent, the thika tenant may 
by an application in writing containing such 
particulars as may be prescribed deposit such 
rent with the Controller and may continue to 
deposit with the Controller any subsequent rent 
which becomes due from such tenant until the, 
thika tenant is able to obtain a joint receipt from 
the co-sharer landlords or a person has been 
empowered to receive the rent on their behalf, 
or until such dispute has been settled by the 
decision of a competent Court or by settlement 
between the parties, as the case may be. 
(2) The deposit of rent referred to in sub-section (1) shall 
be made within the period within which it is payable under 
section 13. 
19. If it appears to the Controller to whom application 
for deposit is made under section 17 or section 18 that the 
applicant is entitled to deposit the rent wider any of those 
sections, he shall receive the rent deposited and give a 
receipt for it under the seal of the Court and such receipt 
shall operate as an acquittance for the amount of the rent 
payable by the thika tenant and deposited as aforesaid, in 
the same manner and to the same extent as if the amount of 
the rent had been received— 
in cases referred to in clauses (a) and (b) of sub-section (1) 
of section 17, by the person specified in the applica-
tion as the person to whose credit the deposit was 
to be entered; 
in cases referred to in clause (a) of sub-section (1) of 
section 18, by the co-sharers to whom the rent is 
due; and 
in cases referred to in clause (b) of sub-section (1) of 
section 18, by the person entitled to the rent. 
20. (1) On any deposit being made under section 17 the 
Controller shall forthwith forward the same by postal money 
order to the address of the landlord. 
(2) Where any money has been deposited under clause 
(a) of sub-section (1) of section 17, the cost of transmission 
thereof to the landlord by postal money order shall be 
recoverable from the landlord and, in forwarding the money 
so deposited to the landlord by postal money order, the 
Controller shall deduct therefrom the cost of such 
transmission. 
(3) If the money sent by the Controller under sub-
section (1) by postal money order to any landlord is returned 
undelivered, the Controller shall cause a notice of the receipt 
of the deposit to be served on the landlord and the amount 
lying in deposit may, subject to such rules as may be made 
under this Act, be withdrawn by the landlord on applica-
tion made by him to the Controller in that behalf and if 
The Calcutta Thika Tenancy Act, 194.9. 	 9 
I I of 1949.] 
(Chapter 111—Provisions as to rent of thika 
Sections 21, 22.) 
such amount is not so withdrawn before the expiration of 
three years from the date of service of such notice, it may, 
in the absence of any order of a Civil Court to the contrary, 
be repaid to the depositor on his application and on his 
returning the receipt given by the Controller with whom. 
the rent was deposited. 
21. (1) When the Controller receives a deposit under 
section 18, he shall forthwith cause to be affixed in a 
conspicuous place at his office a notification of the receipt 
thereof containing a statement of all material particulars, 
and, if the amount of the deposit is not paid away under 
sub-section (2) within the period of fifteen days next follow-
ing the date on which the notification is so affixed, the 
Controller shall forthwith in cases referred to in clause (a) 
of sub-section (1) of section 18 cause a notice of the receipt 
of the deposit to be posted free of charge at the landlord's 
local office, if any, and at some conspicuous place in the 
locality in which the holding is situated, and, in cases 
referred to in clause (b) of sub-section (1) of the said section, 
cause a like notice to be served free of charge on every 
person who, he has reason to believe, claims or is entitled to 
the deposit. 
(2) The Controller may pay the amount of any deposit 
notified under sub-section (1) to any person who proves to 
his satisfaction to be entitled to the same or is entitled to 
the amount as a result of a settlement referred to in sub-
section (1) of section 18 or he may, if he thinks fit, retain 
the amount pending the decision of a Civil Court as to the 
person so entitled. 
(3) If no payment is made under sub-section (2) before 
the expiration of three years from the date of notice issued 
under sub-section (1) or three months after the decision of 
the Civil Court, whichever is later, the amount deposited 
may in the absence of any order of a Civil Court to the con-
trary be repaid to the depositor upon his application and on 
his returning the receipt given by the Controller when the 
rent was deposited. 
22. (1) When a landlord accepts rent in respect of any 
holding sent by postal money order by a thika tenant under clause (ii) of sub-section (2) of section 13 or by the Controller 
under section 21 or withdraws any rent deposited under 
section 17 or section 18, the fact of this acceptance or with-
drawal shall not be used in any way as evidence that he has 
admitted as correct any of the particulars set forth in the 
pOstal money order form or in the application for deposit of 
such rent. 
(2) No suit, prosecution or other legal proceeding shall 
be instituted against the Crown or against any officer of the 
Crown in respect of anything done by the Controller receiv-
ing a deposit under section 17 or section 18; but nothing in 
this Act shall prevent any person entitled to receive any 
amount so deposited from recovering the same from any 
person to whom it has been paid under section 20 or section 21. 
Disposal of 
rent depo- 
sited under 
section 18. 
Saving. 
Interest 
arrears. 
10 	 The Calcutta Thika Tenancy Act, 1949. 
[West Ben. Act 
(Chapter III—Provisions as to rent of thika tenancies.---
Chapter IV—Appeals and certain special procedures.— 
Sections 23-27.) 
on 	 23. Any arrear of rent shall bear simple interest at the 
rate of six and a quarter per centum per annum from the 
expiry of the time within which the rent or the instalment 
of rent is payable under the provisions of section 12 or is 
to be deposited under section 17 or section 18, as the case 
may be, to the date of payment or of the institution of the 
suit, whichever date is earlier. 
Restric-
tions on 
enhance-
ment of 
rent. 
Enhance-
ment of 
rent. 
Reduction 
of rent 
by the 
Controller. 
24. The rent of a thika tenant shall not be enhanced 
except as provided in this Act. 
25. (1) The rent payable by a thika tenant for his 
holding may be enhanced by the Controller on application 
made to the Controller by the landlord in the prescribed 
manner on either or both of the following grounds, 
namely :— 
(a) that the value of the holding has increased; 
(b) that the landlord has effected some improvement to 
the land at his own cost which has increased the 
value of the holding : 
Provided that no rent shall be enhanced under this sub-
section so as to exceed the rent previously payable by the 
thika tenant by more than twelve and a half per centum. 
(2) The rent fixed under sub-section (1) shall not be 
further enhanced during three years next following the date 
on which it has been last so enhanced. 
26. Any rent payable by a thika tenant which has been 
settled within a period of three years immediately before the 
commencement of this Act, may be reduced by the Controller 
on application made in that behalf by the thilat tenant if the 
Controller considers that the rate of rent so settled is unfair 
and inequitable having regard to the prevailing rate of rent 
payable by thika tenants of lands of a similar description 
and with similar advantages in the locality. 
CHAPTER IV. 
Appeal, 
review and 
execution. 
APPEALS AND CERTAIN SPECIAL PROCEDURES. 
27. (1) Any person aggrieved by an order of the 
Controller may, within thirty days from the date- of the 
order, present an appeal in writing— 
(a) in respect of any holding in the Presidency town of 
Calcutta, to the Chief Judge of the Court of 
Small Causes of Calcutta; and 
(b) in respect of any holding elsewhere, to the District 
Judge of the district in which the holding con-
cerning which such order is made is situated. 
The Calcutta Thika Tenancy Act, 1949. 	 11 
II of 1849.] 
(Chapter 1V—Appeals and certain special procedures.— 
Section 28.) 
(2) The Provincial Government may, by notification, 
appoint any person who has exercised the powers of a 
District Judge to hear appeals presented under clause (a) of sub-section (1) to the Chief Judge of the Court of Small 
Causes of Calcutta and may, by notification, also appoint 
any person who is a judicial officer not below the rank of a 
subordinate judge to hear appeals presented under clause (b) of the said sub-section to a District Judge. 
(3) The Chief Judge of the Court of Small Causes of 
Calcutta to whom an appeal is presented under clause (a) of sub-section (1) or •a District Judge to whom an appeal is presented under clause (b) of that sub-section may transfer 
such appeal to any person appointed to hear any such appeal under sub-section (2) and may withdraw any appeal so 
transferred and either hear and dispose of it himself or 
transfer it to any other person appointed to hear such appeals under sub-section (2). 
(4) The Chief Judge or the District Judge or any person appointed under sub-section (2) to whom an appeal is transferred under sub-section (3), as the case may be, shall 
then send for the record of the case from the Controller and 
after perusing the record and, if necessary, taking such 
evidence himself or personally making such further inquiries 
as he thinks fit, shall make an order deciding the appeal after 
giving the parties an opportunity of being heard. 
(5) Subject to such rules as may be made under this Act, 
any order passed under this Act by the Controller, the Chief 
Judge of the Court of Small Causes of Calcutta, or a District 
Judge or a person appointed under sub-section (2) may be reviewed by the person who passed the order on the ground 
of the discovery of any new and important matter or evidence 
or on account of some mistake or error apparent on the face 
of the record or for any other sufficient cause: 
Provided that before any order is passed under this 
sub-section which is likely to affect any person adversely 
such person shall be given a reasonable opportunity of being heard. 
(6) An order under sub-section (4) made by the Chief 
Judge or the District Judge or a person appointed under sub-section (2), as the case may be, or, subject to such 
order, an order made by the Controller under this Act, shall, subject to the provisions of sub-section (5), be final and may be executed by the Controller in the manner provided in the Aot V of 
1908. 	 Code of Civil Procedure, 1908, for the execution of decrees. 
28. Where any decree or order for the recovery of possession of any holding from a thika tenant has been made before the date of commencement of this Act but the possession 
of such holding has not been recovered from the thika tenant by the execution of such decree or order, the Court by which 
the decree or order was made may, if it is of opinion that the 
decree or order is not in conformity with any provision of this Act other than sub-section (1) of section 5 or section 27, rescind or vary the decree or order in such manner as the 
Power of 
Court to 
rescind or 
vary 
decrees 
and orders 
in certain 
cases. 
Applica-
tion of Act 
to pending 
suits and 
proceed-
ings. 
12 	 The Calcutta Thika Tenancy Act, 1949. 
[West Ben. Act 
(Chapter 1V—Appeals and certain special procedures.—
Sections 29-32.) 
Court may think fit for the purpose of giving effect to such 
provision and a decree or order so varied by any Court shall 
be transferred by such Court to the Controller for execution 
under this Act as if it were an order made under and in 
accordance with the provisions of this Act. 
29. The provisions of this Act shall apply to all suits 
and proceedings, including proceedings in execution, for 
ejectment of a thika tenant which are pending at the date 
of commencement of this Act, and if any such suit or 
proceeding relates to any matter in respect of which the 
Controller is competent after the date of such commencement 
to pass orders under this Act, such suit or proceeding shall 
be transferred to the Controller who shall on such transfer 
deal with it in accordance with the provisions of this Act as 
if this Act had been in operation on the date of institution 
of the suit or proceeding: 
Provided that in applying the provisions of this Act to 
any suit or proceeding instituted for the ejectment of a thika 
tenant so transferred, the provisions regarding notice in 
section 4 of this Act shall not apply. 
Bar 	 to 	 30. Nothing in this Act shall apply to— 
applica- 
t ion of Act 	 (a) . Crown lands, w certain - 
lands. (b) any land vested in or in the possession of— 
Restric-
tion or ex-
clusion of 
Act by 
agreement. 
(i) the Provincial Government, 
(ii) a port authority of a major port, or 
(iii) a railway administration, or 
(iv) a. local authority, or 
(c) any land which is required for carrying out any of 
the provisions of the Calcutta Improvement Act, 
1911. 
31. Nothing in any contract between a landlord and a 
thika tenant made after the commencement of this Act shall 
take away or limit the rights of such tenant as provided for 
by this Act, and any contract which is made in contraven-
tion of or which is inconsistent with any of the provisions 
of this Act shall be void anti without effect to the extent of 
such contravention or inconsistency. 
Ben. Act 
V of 1911. 
Power to 	 32. (1) For the purposes of any inquiry under this Act, 
enter and the Controller and any person deciding an appeal under 
inspect 	 section 27, may,— premises, 
to require 	 (a) enter and inspect any premises at any time between 
informa- 
tion and to 	 sunrise and sunset; 
summon 
witnesses. 	 (b) authorise any person subordinate to him to enter 
and inspect any premises between sunrise and 
sunset; or 
The Calcutta Thika Tenancy Act, 1949. 	 13 
II of 1949.] 
(Chapter IV—Appeals and certain special procedures.—
Sections 33, 34.) 
(c) by written order require any person to produce for 
his inspection such accounts, rent receipts, books 
or other documents relevant to the inquiry at 
such time and at such place as may be specified 
in the order: 
Provided that no premises shall be entered under 
clause (a) or clause (b) without the consent of the occupier, 
unless at least twenty-four hours' previous notice in writing 
has been given. 
(2) The Controller and any person deciding an appeal 
under section 27 shall, subject to any rules made under this 
Act and in so far as such powers are necessary for carrying 
out the provisions of this Act, have power to summon and 
enforce the attendance of witnesses, including the parties 
interested, and to compel the production of documents by 
the same means and, so far as may be, in the same manner 
as is provided in the case of a Court by the Code of Civil 
Act V of Procedure, 1908. 
1908. 
West Ben. 	 33. On the expiry of • the Calcutta. Thika Tenancy Repeal and Ord. XI Ordinance, 1948, the provisions of section 8 of the Bengal saving. of 1948. General Clauses Act, 1899, shall apply as if it were an 
Ben. Act enactment then repealed by a West Bengal Act. 
I of 1899. 
34. (1) The Provincial Government may, subject to 
the condition of previous publication, make rules for carry-
ing out the purposes of this Act. 
(2) In particular and without prejudice to the generality 
of the foregoing .power, such rules may provide for all or 
any of the following matters, namely :— 
(a) the manner of determination of compensation 
referred to in the proviso to section 4; 
(b) the manner in which a landlord may apply to the 
Controller and the_ manner in which the Controller 
may make inquiries under section 5; 
(c) the manner of obtaining permission of the Controller 
referred to in section 7; 
(d) the form of notice and the manner of publication of 
such notice under sub-section (2) of section 9; 
(e) the manner of payment or tender of rent by postal 
money order referred to in clause (ii) of sub-section (2) of section 13; 
(f) the form of receipt and of the counterfoil referred 
to in sub-section (3) of section 15, and the 
particulars to be specified in such receipt and 
counterfoil ; 
(g) the particulars to be contained in applications for 
depositing rent under sub-section (1) of section 17 
and sub-section (1) of section 18; 
Rules. 
14 	 The Calcutta Thika Tenancy Act, 1949. 
[West Ben. Act Il of 1949.1 
(Chapter IV—Appeals and certain special procedures.—
Section 34.) 
(h) the method of withdrawal of the deposit of rent by 
the landlord under sub-section (3) of section 20; 
(i) the manner of making application for enhancement 
of rent under sub-section (1) of section 25; 
(j) the procedure to be followed in inquiries under this 
Act, by the Controller, the Chief Judge of the 
Court of Small Causes of Calcutta, the District 
Judge and any person appointed under sub-
section (2) of section 27; 
(k) the procedure for review of orders referred to in 
sub-section (5) of section 27; 
(1) the procedure for summoning and enforcing the 
attendance of witnesses and compelling the pro-
duction of documents referred to in sub-section 
(2) of section 32; 
(m) the manner of service of notices issued under this Act 
where the mode of such service is not provided in 
this Act; and 
(n) the charging or remitting of costs and fees and the 
claim:,  of a scale of costs and fees. 
WBGP-49150-5473A-'2M 

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