2019 AIR CC 1935 (CAL) ::AIROnline 2019 Cal 216 ::(2019) 3 Cal LJ 312 ::(2019) 3 CalLT 38 ::(2019) 2 Cal HN 540

Calcutta High Court

Hon'ble Judge(s): Sanjib Banerjee, Suvra Ghosh , JJ

West Bengal Thika Tenancy (Acquisition and Regulation) Act (32 of 2001) , S.21— Civil P.C. (5 of 1908) , O.7 R.11— Suit for eviction - Rejection of plaint - On ground of bar of jurisdiction - Thika controller to be exclusive authority to decide claim of eviction lodged by a thika tenant against a bharatia - Civil court not authorised to decide said question by virtue of Section 21 - Moreso, order of the thika controller cannot be questioned or challenged before a civil court by virtue of the second limb of Section 21 - Rejection of plaint, proper. (Para 13)