KANAI LAL SUR vs PARAMNIDHI SADHUKHAN

The Supreme Court interpreted Section 5(1) of the Calcutta Thika Tenancy Act, 1949, holding that it does not apply when a landlord has already obtained a decree for ejectment against a thika tenant. The Court ruled that the civil court has jurisdiction to entertain the execution application in such cases. The judgment emphasized that while welfare legislation should be interpreted beneficently, statutory language must be given its plain grammatical meaning unless ambiguity exists.