(1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956, or in any other law for the time being in force, a Bharatia under a thika tenant shall continue to be a monthly tenant unless lawfully evicted and the tenancy of a Bharatia shall not be extinguished because of subsequent non-existence of the structure or building or part thereof, which the Bharatia previously occupied under the thika tenant.
(2) If any building or structure is built or rebuilt on the same site within the period of twelve years next after the date on which the old building or structure ceased to exist, the Bharatia shall be put into possession of the whole or a part of the new building or structure in.
proportion to the area held by him in the old building or structure and on such terms and conditions in force immediately before the date of cessation of the old building or structure.
(3) Any dispute in this regard shall be decided by the Controller on an application made to him in the prescribed manner, after giving the parties opportunity of being heard and the order pf the Controller shall be executed in the manner prescribed.
West Ben.
Act II of
1949.
West Ben.
Act XII of
1956.
386 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
XXXVII of 1981.]
(Chapter 1V.—Miscellaneous and supplemental provisions.— Sections 12, 13.)
CHAPTER IV 5 of 1908.
Miscellaneous and supplemental provisions.
12. The Controller and any person deciding any appeal from his order.shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath as a witness,
(b) requiring the discovery and production of any document or record,
(c) receiving evidence on affidavits,
(d) requisitioning any public record or copy thereof from any court or office,
(e) issuing commission for the examination of witnesses or documents,
(f) enforcing or executing orders (including an order for restoration of possession) as if such orders were decrees of a civil court,
(g) remanding any case or proceedings to the officer from whose order the appeal is preferred.
Powers of Controller.