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PETITIONER: KANAI LAL SUR
Vs.
RESPONDENT: PARAMNIDHI SADHUKHAN
DATE OF JUDGMENT: 10/09/1957
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. BHAGWATI, NATWARLAL H. DAS, S.K.
CITATION: 1957 AIR 907 1958 SCR 360
ACT: Thika tenant-Decree for ejectment-Execution application-If lies in civil Court-Welfaye legislation-Interpretation- Calcutta Thika Tenancy Act, 1949 (W.B. 11 Of 1949), s. 5(1).
HEADNOTE: Respondent obtained a decree for ejectment against the appellant, a thika tenant, and filed an application for execution of the decree before the civil Court. Appellant resisted the application on the ground that in view Of s. 5(1) Of the Calcutta Thika Tenancy Act, 1949, the civil Court had no jurisdiction to entertain the application. Section 5(1) provides that a landlord wishing to eject a thika tenant on the grounds specified in s. 3 shall apply to the Controller in that behalf. Held that S. 5(1) did not apply to a case where the landlord had already obtained a decree for ejectment against his thika tenant and consequently the civil Court had jurisdiction to entertain the execution application. The operative provisions of welfare legislation should receive a beneficent construction from the Courts. But the words used in a statute must be interpreted in their plain grammatical meaning and it is only when such words are ...