GOPI KANTA SEN vs ABDUL GAFFUR & ORS.

The Supreme Court held that Section 3 of the Calcutta Thika Tenancy Act, 1949, as amended by the 1953 Act, is retrospective and applicable to pre-Act suits, allowing for the ejectment of thika tenants only on specified grounds. The Court clarified that while the omission of Sections 28 and 29 from the Act does not render civil court jurisdiction void for pre-Act suits, it does not require notice under Section 4 for such cases. The High Court's view that eviction suits became infructuous post-amendment was rejected, affirming that civil courts retain the authority to decree ejectment based on the grounds established in Section 3.