(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 concerning 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.
Application of Act to pending suits and proceedings.
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— applicat ion of Act (a) .Crown lands, w certain - lands.
(b) any land vested in or in the possession of— Restriction or exclusion 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 contravention 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 information 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.